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F I L E D Electronically 10-26-2009:02:32:10 PM Howard W. Conyers Clerk of the Court
F I L E D
Electronically
10-26-2009:02:32:10 PM
Howard W. Conyers
Clerk of the Court
Transaction # 1121452

****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

Judge:

Official File Stamp:

Clerk Accepted:

Court:

Case Title:

Document(s) Submitted:

Filed By:

CV08-00924

JEROME POLAHA

10-26-2009:14:32:10

10-26-2009:14:44:26

Second Judicial District Court - State of Nevada

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Motion

CAROLYN RENNER, ESQ.

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

The following people were served electronically:

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

C. COX, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.

F I L E D Electronically 11-06-2009:10:14:50 AM Howard W. Conyers Clerk of the Court
F I L E D
Electronically
11-06-2009:10:14:50 AM
Howard W. Conyers
Clerk of the Court
Transaction # 1138887

****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

Judge:

Official File Stamp:

Clerk Accepted:

Court:

Case Title:

Document(s) Submitted:

Filed By:

CV08-00924

JEROME POLAHA

11-06-2009:10:14:50

11-06-2009:10:41:09

Second Judicial District Court - State of Nevada

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Acceptance of Service

CAROLYN RENNER, ESQ.

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

The following people were served electronically:

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

C. COX, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.

F I L E D Electronically 11-23-2009:09:50:03 AM Howard W. Conyers Clerk of the Court
F I L E D
Electronically
11-23-2009:09:50:03 AM
Howard W. Conyers
Clerk of the Court
Transaction # 1166343

****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

Judge:

Official File Stamp:

Clerk Accepted:

Court:

Case Title:

Document(s) Submitted:

Filed By:

CV08-00924

JEROME POLAHA

11-23-2009:09:50:03

11-23-2009:10:09:32

Second Judicial District Court - State of Nevada

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Request for Submission

CAROLYN RENNER, ESQ.

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.

The following people were served electronically:

C. COX, ESQ. for TRONOX WORLDWIDE LLC

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.

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MAUPIN, COX Be LEGOY

ATTORNEYS AT LAW

P.O. BOX 30000

RENO, NEVADA 89520 (775) 827-2000

CODE: 3980 C. Robert Cox, Esq. NSB #1780

Carolyn K. Renner, Esq., NSB #9164 MAUPIN, COX & LeGOY

4785 Caughlin Parkway

Reno, NY 89519 (775) 827-2000

Attorneys for Plaintiff

TRONOX WORLDWIDE LLC

F I L E D

Electronically 12-08-2009:04:08:31 PM Howard W. Conyers Clerk of the Court Transaction # 1196817

THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEYADA

ll'-r AND FOR THE COUNTY OF WASHOE

TRONOX WORLDWIDE LLC, a Delaware limited liability company,

tka Kerr-McGee Corporation,

v.

Plaintiff,

MICHAEL J. FITZGERALD, an individual; and DOES 1 through 20, inclusive,

Defendant.

/

----------------

CASE NO.: CY08-00924

DEPT. NO.: 3

STIPULATION TO VACATE AND RESET THE TRIAL DATE

The Parties to this action, by and through their undersigned counsel of record, hereby

stipulate that the five-day jury trial currently scheduled to commence on Monday, June 21, 2010,

shall be vacated, discovery deadlines shall be extended in accordance with NRCP 26 and trial set

within fifteen (15) days of the Court's Order continuing this matter (instead of the five (5) days

stated in WDCR 13).

-1­

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lUPIN, COX Be LEGOY

ATTORNEYS AT LAW

P.O. BOX 30000

IENO, NEVADA 89520 (775) 827·2000

There has been no previous request for a continuance and the Parties have been advised of

this Stipulation and have no objections.

The reasons for the continuance is that Plaintiff Tronox

Worldwide LLC has declared Bankruptcy and there has been a delay in allowing Plaintiffs attorney

to proceed with this action outside the Bankruptcy action as Special Counsel to the Debtor in

Possession. In addition, Defendant Michael J. Fitzgerald died on August 11,2009, and a Motion to

substitute the proper Parties, the Estate of Michael J. Fitzgerald and his wife Maria Luisa de la Vega

Fitzgerald as Personal Representative of the Estate, was filed on October 26,2009, and is pending

before the Court. Finally, although numerous documents have been exchanged between the Parties,

more formal discovery has been delayed as a result of the Tronox Bankruptcy and the death of

Michael J. Fitzgerald. The Parties therefore request continuance of this matter

Affirmation Pursuant to NRS 239B.030

The undersigned does hereby affirm that the preceding document does not contain the social

security number of any person.

Dated this _{

(r

~~

day of.J:*e;vcnr'oer, 2009.

MAUPIN, COX & LeGOY

J

Bya0~L'~f

c. RfJbert Cox, Esq. Nevada State Bar #1780 '

Attorneys for Plaintiff

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ROBISON, BELAUSTEGUI, SHARP & LOW

tk G. Simons, Esq. evada State Bar #5132
tk G. Simons, Esq.
evada State Bar #5132

Attorneys for Defendant

 

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ORDER

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Good cause appearing,

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IT IS SO ORDERED.

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;t day of
;t
day of

Dated this L

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MAUPIN, COX & LEGOY

 

ATTORNEYS AT

LAW

-3­

P.O. BOX 30000

RENO, NEVADA B9520 (775) 827-2000

 

****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

CV08-00924

Judge:

JEROME POLAHA

Official File Stamp:

12-08-2009:16:08:31

Clerk Accepted:

12-08-2009:16:23:18

Court:

Second Judicial District Court - State of Nevada

Case Title:

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Document(s) Submitted:

Order

Filed By:

Jerrine Ulleseit

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.

The following people were served electronically:

C. COX, ESQ. for TRONOX WORLDWIDE LLC

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.

F I L E D Electronically 12-24-2009:10:17:36 AM Howard W. Conyers Clerk of the Court
F I L E D
Electronically
12-24-2009:10:17:36 AM
Howard W. Conyers
Clerk of the Court
Transaction # 1227729

****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

Judge:

Official File Stamp:

Clerk Accepted:

Court:

Case Title:

Document(s) Submitted:

Filed By:

CV08-00924

JEROME POLAHA

12-24-2009:10:17:36

12-24-2009:10:20:47

Second Judicial District Court - State of Nevada

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Application for Setting

CAROLYN RENNER, ESQ.

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.

The following people were served electronically:

C. COX, ESQ. for TRONOX WORLDWIDE LLC

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.

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CODE 3060

F I L E D

Electronically 02-24-2010:11:21:43 AM Howard W. Conyers Clerk of the Court Transaction # 1340096

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR 'rHE COUNTY OF WASHOE

'rRONOX WORLDWIDE LLC, a Delaware limited liability company, flkJa Kerr-McGee

Corporation,

vs.

Plaintiff,

MICHAEL J. FITZGERALD, an individual;

et. at,

Defendant.

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Case No, CV08-00924

Dept. No.3

ORDER GRANTING MOTION FOR SUBSTITUTION OF THE PROPER PARTY

On October 26, 2009, Plaintiff Tronox Worldwide LLC filed a motion for substitution

of the proper party. No opposition was filed. The motion was submitted for consideration

on November 23,2009.

On October 1,2009, counsel for Defendant Michael J. Fitzgerald filed a Notice of

Suggestion of Death, stating that Mr. Fitzgerald died on August 11, 2009. Maria Luisa De

La Vega Fitzgerald was appointed as the Personal Representative of the Estate of Michael

J. Fitzgerald.

When a party dies, any party or successor or representative of the deceased party

may move the court for an order substituting a successor or representative as the proper

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party within the 90 days of filing the Notice of Suggestion of Death. NRCP 25(a)(1);

Wharton, By and Through Wharton v. City of Mesquite, 113 Nev. 796, 798, 942 P.2d 155,

157 (1997).

Here, counsel for Defendant Michael J. Fitzgerald filed a Notice of Suggestion of

Death on October 1, 2009. The motion for substitution was filed approximately 25 days

later on October 26,2009. Therefore, the motion was timely filed.

Good Cause Appearing, IT IS HEREBY ORDERED that

1. Plaintiffs Motion for Substitution of the proper parties is GRANTED.

2. Maria Luisa De La Vega Fitzgerald, as the Personal Representative of the

Estate of Michael J. Fitzgerald, and the Estate of Michael J. Fitzgerald are

substituted in as the proper parties to this lawsuit pursuant to NRCP 25(a)(1).

Dated this

,d/-t- P day Of~

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are substituted in as the proper parties to this lawsuit pursuant to NRCP 25(a)(1). Dated this

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The undersigned hereby certifies that on the

day of ~

mailed copies of the foregoing ORDER GRANTING MOTION FOR SUBSTITUTION in

Case No. CV08-00924 to the following:

C. Robert Cox, Esq. Carolyn K. Renner, Esq.

Maupin, Cox & LeGoy

4785 Caughlin Parkway Reno, NV 89519

Mark G. Simons, Esq. Robison, Belaustegui, Sharp & Low

71 Washington Street

Reno, NV 89503

Parkway Reno, NV 89519 Mark G. Simons, Esq. Robison, Belaustegui, Sharp & Low 71 Washington Street

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****** IMPORTANT NOTICE - READ THIS INFORMATION ***** PROOF OF SERVICE OF ELECTRONIC FILING

A filing has been submitted to the court RE:

Judge:

Official File Stamp:

Clerk Accepted:

Court:

Case Title:

Document(s) Submitted:

Filed By:

CV08-00924

JEROME POLAHA

02-24-2010:11:21:43

02-24-2010:11:38:31

Second Judicial District Court - State of Nevada

TRONOX WORLDWIDE VS. MICHAEL FITZGERALD (D3)

Ord Granting Mtn

Jerrine Ulleseit

You may review this filing by clicking on the following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.

The following people were served electronically:

C. COX, ESQ. for TRONOX WORLDWIDE LLC

CAROLYN RENNER, ESQ. for TRONOX WORLDWIDE LLC

The following people have not been served electronically and must be served by traditional means (see Nevada electronic filing rules):

MARK SIMONS, ESQ.