United States District Court, D. Nevada
PETROLEUM WHOLESALE, L.P., a Texas limited partnership, Plaintiff,
SAGEBRUSH 66 INVESTMENT COMPANY, INC., a Nevada corporation, and DALE DERBIDGE, an individual, Defendants.
RICHARD D. WILLIAMSON, ESQ. (NV Bar 9932) ALISON GANSERT
KERTIS, ESQ. (NV Bar 13875) Robertson, Johnson, Miller &
Williamson Attorneys for Plaintiff Petroleum Wholesale, L.P.
ROBERTSON, JOHNSON MILLER & WILLIAMSON, By: Richard D.
Williamson Richard D. Williamson, Esq. Alison Gansert Kertis,
Esq. Attorneys for Plaintiff
QUINNEY & NEBEKER P.C., By: Ryan Z. Pahnke Attorneys for
Defendant Sagebrush 66 Investment company
STIPULATION AND ORDER TO MAINTAIN THE STATUS QUO OF
THE PARTIES' BUSINESS RELATIONSHIP PENDING
August 19, 2019, Plaintiff Petroleum Wholesale, L.P.
(“PWI”) filed a Motion for Preliminary
Injunction. Thereafter, PWI and Defendant Sagebrush 66
Investment Company, Inc. (“Sagebrush”)
(“collectively the “Parties”), by and
through their undersigned attorneys, agreed to stipulate to
maintain the status quo during the pendency of this
litigation, without any admission or concession of either
Party's claims and defenses against the other.
THEREFORE, IT IS HEREBY AGREED AND STIPULATED AS FOLLOWS:
Court has personal jurisdiction over the Parties and venue is
proper in the United States District Court for the District
asserts that Sagebrush is bound by a Fuel Marketing Location
Agreement dated May 5, 2006 (the “Fuel
Sagebrush contests the validity of the Fuel Agreement but
acknowledges that PWI has been supplying fuel to
Sagebrush's business at 1490 East Aultman Street, in Ely,
Nevada (the “Premises”) since 2006.
Sagebrush asserts that it has terminated its business
relationship with PWI, including the Fuel Agreement, if
valid, because of PWI's continuing breaches of
performance in failing to provide fuel to Sagebrush and by
PWI's failure to timely remit payments to Sagebrush as
these events were described in the letter of termination sent
by Sagebrush's counsel to PWI's in-house counsel,
Anthony Sullivan, dated August 7, 2019 (the
contests the validity and propriety of the Termination Letter
and any purported termination.
Despite the dispute between PWI and Sagebrush, they have
agreed to maintain the status quo of their current business
relationship on a temporary basis throughout this case,
subject to the terms of this Stipulation.
During the pendency of this litigation,
a. Sagebrush shall not remove, deface, damage, destroy, or
otherwise interfere with any of the logos, signage, and other
components installed on the Premises.
b. PWI shall pay to Sagebrush all sums owing for sales that
PWI collected on behalf of Sagebrush. Such payments shall be
made by PWI to Sagebrush on or before the 7th day
following each month of sales. PWI shall also pay to
Sagebrush on or before ...