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Petroleum Wholesale, L.P. v. Sagebrush 66 Investment Co., Inc.

United States District Court, D. Nevada

October 25, 2019

PETROLEUM WHOLESALE, L.P., a Texas limited partnership, Plaintiff,
v.
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

          RAY 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 LITIGATION

         On 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.

         NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED AS FOLLOWS:

         1. The Court has personal jurisdiction over the Parties and venue is proper in the United States District Court for the District of Nevada.

         2. PWI asserts that Sagebrush is bound by a Fuel Marketing Location Agreement dated May 5, 2006 (the “Fuel Agreement”).

         3. 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.

         4. 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 “Termination Letter”).

         5. PWI contests the validity and propriety of the Termination Letter and any purported termination.

         6. 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.

         7. 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 ...

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