Opinion
Case No. 1:11 -CV-00902-LJO-JLT
02-14-2012
THOMAS PETROLEUM, LLC d/b/a EASTERN SIERRA OIL, Plaintiff, v. KENNETH LLOYD, an individual, E.S. OIL, LLC, a California limited liability company, and DOES 1-30, inclusive, Defendant. KENNETH LLOYD, Cross-Complainant, v. THOMAS PETROLEUM, LLC, Cross-Defendant.
DONNA M. RUTTER (SBN 145704) MANI SHEIK (SBN 245487) CURIALE HIRSCHFELD KRAEMER LLP Attorneys for Plaintiff THOMAS PETROLEUM, LLC d/b/a EASTERN SIERRA OIL
DONNA M. RUTTER (SBN 145704)
MANI SHEIK (SBN 245487)
CURIALE HIRSCHFELD KRAEMER LLP
Attorneys for Plaintiff
THOMAS PETROLEUM, LLC d/b/a EASTERN
SIERRA OIL
PLAINTIFF'S UNOPPOSED MOTION TO VACATE SETTLEMENT CONFERENCE; ORDER
Plaintiff and Cross-Defendant Thomas Petroleum, LLC hereby moves this Court for an order to vacate the settlement conference currently set for February 27, 2012, at 10:00 a.m.
Plaintiff's counsel informed counsel for Defendant and Cross-Complainant Kenneth Lloyd and Defendant E.S. Oil, LLC ("Defendants") of Plaintiff's intent to move to vacate the settlement conference, and Defendants' counsel stated that he did not oppose the motion. (Declaration of Mani Sheik in Support of Motion to Vacate Settlement Conference, ¶ 4.)
Good cause exists for granting Plaintiff's Unopposed Motion to Vacate Settlement Conference.
The parties were engaged in private settlement discussions from August 2011 to January 2012. (Id. at ¶ 2.) The parties had stipulated to place the case on hold during their settlement talks, including placing a stay on all discovery. (Id.) On January 26, 2012, the parties ended their settlement talks without reaching an agreement. (Id. at ¶ 3.) With the case returning to litigation, the parties jointly agreed to lift the stay that had been in effect during their settlement talks. (Id.)
At this time, Plaintiff believes that the case is not in a posture conducive to settlement and that a settlement conference would not have a likelihood of success. Accordingly, Plaintiff respectfully requests that the Court vacate the settlement conference currently scheduled for February 27, 2012, at 10 a.m. Plaintiff will continue to evaluate the case and, if Plaintiff determines that the case has reached a settlement posture and that a settlement conference is likely to succeed, will request that the Court schedule a new conference at that time.
CURIALE HIRSCHFELD KRAEMER LLP
By: __________
Donna M. Rutter
Mani Sheik
Attorneys for Plaintiff
THOMAS PETROLEUM, LLC d/b/a EASTERN
SIERRA OIL
ORDER
Good cause appearing, this Court VACATES the settlement conference currently set on February 27, 2012. If, in the future, counsel agree that the matter is in a settlement posture, they may file a joint request that the Court set a settlement conference.
IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE