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FILED

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: CV08-00924
Judge: JEROME POLAHA

Official File Stamp: 10-26-2009:14:32:10


Clerk Accepted: 10-26-2009:14:44:26
Court: Second Judicial District Court - State of Nevada
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
FITZGERALD (D3)
Document(s) Submitted: Motion
Filed By: 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.
FILED
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: CV08-00924
Judge: JEROME POLAHA

Official File Stamp: 11-06-2009:10:14:50


Clerk Accepted: 11-06-2009:10:41:09
Court: Second Judicial District Court - State of Nevada
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
FITZGERALD (D3)
Document(s) Submitted: Acceptance of Service
Filed By: 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.
FILED
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: CV08-00924
Judge: JEROME POLAHA

Official File Stamp: 11-23-2009:09:50:03


Clerk Accepted: 11-23-2009:10:09:32
Court: Second Judicial District Court - State of Nevada
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
FITZGERALD (D3)
Document(s) Submitted: Request for Submission
Filed By: 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.
FILED
Electronically
12-08-2009:04:08:31 PM
Howard W. Conyers
Clerk of the Court
Transaction # 1196817

1 CODE: 3980
C. Robert Cox, Esq. NSB #1780
2 Carolyn K. Renner, Esq., NSB #9164
MAUPIN, COX & LeGOY
3
4785 Caughlin Parkway
4
Reno, NY 89519
(775) 827-2000
5
Attorneys for Plaintiff
6 TRONOX WORLDWIDE LLC
7

8 THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEYADA

9 ll'-r AND FOR THE COUNTY OF WASHOE


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11 TRONOX WORLDWIDE LLC,


a Delaware limited liability company, CASE NO.: CY08-00924
12 tka Kerr-McGee Corporation,
DEPT. NO.: 3
13
Plaintiff,
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v.
15
MICHAEL J. FITZGERALD, an individual;
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and DOES 1 through 20, inclusive,
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Defendant.
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- - - - - - - - - - - - - - - -/
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STIPULATION TO VACATE AND RESET THE TRIAL DATE
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The Parties to this action, by and through their undersigned counsel of record, hereby
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stipulate that the five-day jury trial currently scheduled to commence on Monday, June 21, 2010,
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23 shall be vacated, discovery deadlines shall be extended in accordance with NRCP 26 and trial set

24 within fifteen (15) days of the Court's Order continuing this matter (instead of the five (5) days
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stated in WDCR 13).
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MAUPIN, COX Be LEGOY


ATTORNEYS AT LAW
P.O. BOX 30000
-1­
RENO, NEVADA 89520
(775) 827-2000
1 There has been no previous request for a continuance and the Parties have been advised of

2 this Stipulation and have no objections. The reasons for the continuance is that Plaintiff Tronox
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Worldwide LLC has declared Bankruptcy and there has been a delay in allowing Plaintiffs attorney
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to proceed with this action outside the Bankruptcy action as Special Counsel to the Debtor in
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Possession. In addition, Defendant Michael J. Fitzgerald died on August 11,2009, and a Motion to
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7 substitute the proper Parties, the Estate of Michael J. Fitzgerald and his wife Maria Luisa de la Vega

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

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before the Court. Finally, although numerous documents have been exchanged between the Parties,
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more formal discovery has been delayed as a result of the Tronox Bankruptcy and the death of
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Michael J. Fitzgerald. The Parties therefore request continuance of this matter
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13 Affirmation Pursuant to NRS 239B.030

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

15 security number of any person.


16 (r ~~
Dated this _{_._ day of.J:*e;vcnr'oer, 2009.
17
MAUPIN, COX & LeGOY ROBISON, BELAUSTEGUI,

Bya0~L'~f

18 SHARP & LOW


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20 RfJbert
c.J Cox, Esq. tk G. Simons, Esq.
Nevada State Bar #1780 ' evada State Bar #5132
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Attorneys for Plaintiff Attorneys for Defendant
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lUPIN, COX Be LEGOY


ATTORNEYS AT LAW
P.O. BOX 30000
-2­
IENO, NEVADA 89520
(775) 827·2000
1 ORDER

2 Good cause appearing,

3
IT IS SO ORDERED.

4 ;t
L
Dated this day of
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MAUPIN, COX & LEGOY


ATTORNEYS AT LAW
P.O. BOX 30000

-3­
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
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
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.
FILED
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: CV08-00924
Judge: JEROME POLAHA

Official File Stamp: 12-24-2009:10:17:36


Clerk Accepted: 12-24-2009:10:20:47
Court: Second Judicial District Court - State of Nevada
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
FITZGERALD (D3)
Document(s) Submitted: Application for Setting
Filed By: 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.
FILED
Electronically
02-24-2010:11:21:43 AM
Howard W. Conyers
CODE 3060
Clerk of the Court
Transaction # 1340096
2

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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

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IN AND FOR 'rHE COUNTY OF WASHOE

9
'rRONOX WORLDWIDE LLC, a Delaware
limited liability company, flkJa Kerr-McGee
10 Corporation,
11
Case No, CV08-00924
Plaintiff,
12
Dept. No.3
vs.
13

MICHAEL J. FITZGERALD, an individual;


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et. at,
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Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1
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ORDER GRANTING MOTION FOR SUBSTITUTION OF THE PROPER PARTY


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On October 26, 2009, Plaintiff Tronox Worldwide LLC filed a motion for substitution
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20 of the proper party. No opposition was filed. The motion was submitted for consideration

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on November 23,2009.
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On October 1,2009, counsel for Defendant Michael J. Fitzgerald filed a Notice of


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Suggestion of Death, stating that Mr. Fitzgerald died on August 11, 2009. Maria Luisa De
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La Vega Fitzgerald was appointed as the Personal Representative of the Estate of Michael
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J. Fitzgerald.
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When a party dies, any party or successor or representative of the deceased party
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may move the court for an order substituting a successor or representative as the proper
party within the 90 days of filing the Notice of Suggestion of Death. NRCP 25(a)(1);

2
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


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

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later on October 26,2009. Therefore, the motion was timely filed.
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Good Cause Appearing, IT IS HEREBY ORDERED that


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


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2. Maria Luisa De La Vega Fitzgerald, as the Personal Representative of the
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Estate of Michael J. Fitzgerald, and the Estate of Michael J. Fitzgerald are

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substituted in as the proper parties to this lawsuit pursuant to NRCP 25(a)(1).
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Dated this ,d/-t-P day Of~


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2 The undersigned hereby certifies that on the day of ~


3 mailed copies of the foregoing ORDER GRANTING MOTION FOR SUBSTITUTION in
4 Case No. CV08-00924 to the following:

6 C. Robert Cox, Esq.


Carolyn K. Renner, Esq.
7 Maupin, Cox & LeGoy
8 4785 Caughlin Parkway
Reno, NV 89519
9

10 Mark G. Simons, Esq.


Robison, Belaustegui, Sharp & Low
11
71 Washington Street
12 Reno, NV 89503

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****** 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: 02-24-2010:11:21:43


Clerk Accepted: 02-24-2010:11:38:31
Court: Second Judicial District Court - State of Nevada
TRONOX WORLDWIDE VS. MICHAEL
Case Title:
FITZGERALD (D3)
Document(s) Submitted: Ord Granting Mtn
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.