In Re Richard J. Shields

Filing 18

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/16/10 ORDERING Appellant's opening brief shall be filed on or before 5/14/10; Appellee's responsive brief shall be filed on or before 6/4/10; Appellant's reply brief to be filed on or before 6/18/10; and Appellee's sur-reply brief shall be filed on or before 6/28/10. (Carlos, K) Modified on 4/16/2010 (Carlos, K).

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MACDONALD & ASSOCIATES IAIN A. MACDONALD (SBN 051073) RENO F.R. FERNANDEZ III (SBN 251934) 914 Thirteenth Street Modesto, CA 95354-0903 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Appellant, NEIL McLEAN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION In Re: RICHARD J. SHIELDS, Debtor. THE BANKRUPTCY ESTATE OF RICHARD J. SHIELDS, through MICHAEL F. BURKART, Chapter 7 Trustee, Plaintiff, v. NEIL McLEAN, and RUSSELL LONGAWAY, Defendants. District Court Case No. 09-02910-GEB Bankruptcy Court Case No. 06-22377-C-7 Chapter 7 Adv. Proc. No. 08-02352 AMENDED STIPULATION AND ORDER RE BRIEFING SCHEDULE 1

WHEREAS, both the Plaintiff in the Adversary Proceeding that is the subject of the within cross-appeals, the Chapter 7 Trustee, Michael F. Burkart, and one of the Defendants, Neil McLean, have both take appeals from the judgment of the Bankruptcy Court; AND WHEREAS, the Bankruptcy Court was working to compile the record from

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This is to amend the Stipulation and [Proposed] Order Extending Time to File Appellant and Cross-Appellant's Opening Briefs on Appeal, filed on April 8, 2010.

1 AMENDED STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE

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October 2009 until March 31, 2010; AND WHEREAS, Federal Rules of Bankruptcy Procedure 8009 only provides Appellant 14 days to file its opening briefs after the docketing of the appeal; AND WHEREAS, counsel for both Appellant and Appellee have busy and demanding litigation schedules and have worked cooperatively in relation to prosecuting both this appeal and during the trial of the underlying Adversary Proceeding; AND WHEREAS, both parties stipulate to the requested relief and no party will be prejudiced; AND WHEREAS, Federal Rules of Bankruptcy Procedure 8009 provides that the time to file the opening brief may be extended by this Court for good cause; AND WHEREAS, absent an extension of time the quality of the briefs on appeal may be adversely impacted and the effectiveness of the Court's review made more difficult; Defendant and Appellant Neil McLean and Plaintiff and Appellee Michael F. Burkart, Chapter 7 Trustee of the Bankruptcy Estate of Debtor Richard J. Shields, hereby stipulate to the following briefing schedule: 1. 2. Appellant's opening brief to be filed on or before May 14, 2010; Appellee's responsive brief, including discussion of Appellee's cross-appeal,

to be filed on or before June 4, 2010; 3. 4. Appellant's reply brief to be filed on or before June 18, 2010; and Appellee's sur-reply brief to be filed on or before June 28, 2010.

DATED: April 14, 2010 MACDONALD & ASSOCIATES By:/s/ Reno F.R. Fernandez III Reno F.R. Fernandez III Attorneys for Defendant and Appellant, Neil McLean MGRANE GREENFIELD LLP By:/s/ Christopher D. Sullivan Christopher D. Sullivan Attorneys for Plaintiff and Appellee, Michael F. Burkart, Chapter 7 Trustee

2 AMENDED STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE

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ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED AS FOLLOWS: 1. 2. Appellant's opening brief shall be filed on or before May 14, 2010; Appellee's responsive brief, including discussion of Appellee's cross-appeal,

shall be filed on or before June 4, 2010; 3. 4. Appellant's reply brief shall be filed on or before June 18, 2010; and Appellee's sur-reply brief shall be filed on or before June 28, 2010.

IT IS SO ORDERED. DATED: April 16, 2010
GARLAND E. BURRELL, JR. United States District Judge

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