Allapattah Services, Inc. v. Exxon Corporation

Full title: ALLAPATTAH SERVICES, INC., et al., Plaintiffs, v. EXXON CORPORATION…

Court: United States District Court, S.D. Florida

Date published: Oct 6, 2008

CASE NO.: 91-0986-CIV-GOLD/SIMONTON, CONSOLIDATED WITH CASE NO.: 05-21338-CIV-GOLD/SIMONTON (S.D. Fla. Oct. 6, 2008)

Opinion

CASE NO.: 91-0986-CIV-GOLD/SIMONTON, CONSOLIDATED WITH CASE NO.: 05-21338-CIV-GOLD/SIMONTON.

October 6, 2008

ORDER GRANTING MOTION FOR CONTINUANCE OF HEARING TO ADJUDICATE CLAIMANT DISPUTE C10.4

THOMAS SCOTT, District Judge

This matter is before the Special Master upon a Motion for Continuance of Hearing to Adjudicate Claimant Dispute C10.4 [attached hereto as Exhibit "A"] received from Ms. Michelle L. Tessier representative of Verc Enterprises, Inc. (Claim Number 102601). The Special Master has reviewed the request to continue the upcoming hearing regarding C10.4. Given the circumstances surrounding the request, the Special Master hereby GRANTS a continuance of the upcoming hearing to adjudicate dispute C10.4. Accordingly, having reviewed the Court file and being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED as follows:

1. Claimant, Leo M. Vercollone (Claim Number 102601) Motion for Continuance of Hearing to Adjudicate Claimant Dispute C10.4 is hereby GRANTED.

2. The hearing to adjudicate claimant dispute C10.4 on Wednesday, October 2008 beginning at 11:30 a.m. (EST) is hereby CANCELLED.

3. The hearing to adjudicate claimant dispute C10.4 will be reset by the Special Master.

DONE AND ORDERED.

EXHIBIT A

Dear Mr. Scott:

As you know, I represent Verc Enterprises, Inc. I write to request an extension for the hearing on claim number 102601 with Verc Enterprises, Inc., Gary Bourne, and Bourne Petroleum, Ltd., which is scheduled for October 8, 2008 at 11:30 a.m. Through Gary Bourne's answers to the questionnaire, we recently learned of his claim that there may have been a termination of a contract with Exxon. That information could have a substantial effect on Verc Enterprises, Inc.'s claim to the Allapattah rebate. We request an extension to allow Verc Enterprises, Inc. the opportunity to request further documentation regarding the alleged "mutual termination" from Exxon so that we may better assess its position on this claim.

Accordingly, Verc Enterprises, Inc. requests a three week extension of the hearing on claim number 102601. In the alternative, we request an extension of the hearing until the next hearing date, which we understand is on or around October 19^th.

Thank you in advance for your consideration. Please feel free to contact me with any questions. Thank you.