Citizens Against Corporate Crime v. Lennar Corporation

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/16/18. This action is STAYED pending resolution of bankruptcy proceedings. (Kaminski, H)

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ROBERT BARNES (S.B. #235919)
[e-mail]
BARNES LAW
22631 Pacific Coast Hwy, Suite 362
Malibu, CA 90265
Telephone: [phone]
Facsimile: [phone]
Attorneys for Relator Citizens
Against Corporate Crime LLC

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DANIEL M. PETROCELLI (S.B. #97802)
[e-mail]
EVAN M. JONES (S.B. #115827)
[e-mail]
DAVID MARROSO (S.B. #211655)
[e-mail]
MEGAN K. SMITH (S.B. #307381)
[e-mail]
O’MELVENY & MYERS LLP
1999 Avenue of the Stars, 8th Floor
Los Angeles, California 90067-6035
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
Lennar Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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Citizens Against Corporate Crime, LLC, as
Relator,

Hon. Troy L. Nunley
Plaintiff,

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Case No. 2:18-cv-01269-TLN-DB

Hon. Deborah Barnes
v.
Lennar Corporation and Does 1 through 100,
inclusive,

JOINT STIPULATION FOR STAY
PENDING RESOLUTION OF
DELAWARE BANKRUPTCY
PROCEEDINGS

Defendants.

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JOINT STIPULATION FOR STAY
CASE NO. 2:18-CV-01269

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This stipulation is made by and between Relator Citizens Against Corporate Crime, LLC

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(“CACC”), on the one hand, and defendant Lennar Corporation (“Lennar”), on the other hand,

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through their respective undersigned counsel of record, with reference to the following facts:

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WHEREAS, on May 31, 2018, the parties filed a joint stipulation requesting a stay of

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proceedings in the above-captioned matter pending resolution of Lennar’s Motion to Reopen the

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Chapter 11 Bankruptcy Cases for the Limited Purpose of Enforcing the Injunction and Release in

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the Debtors’ Joint Chapter 11 Plan and Confirmation Order (the “Motion to Reopen”), which was

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filed in the United States Bankruptcy Court for the District of Delaware on May 18, 2018 in the

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matter captioned In re LandSource Communities Development LLC, Case No. 08-1111 (Bankr. D.

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Del.);

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WHEREAS, on June 5, 2018, this Court entered an Order granting the parties’ joint

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request for a stay and providing that all deadlines in these proceedings were stayed pending

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resolution by the bankruptcy court of Lennar’s Motion to Reopen (Dkt. 13);

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WHEREAS, on July 17, 2018, the Honorable Kevin J. Carey of the Delaware Bankruptcy

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Court entered an order granting Lennar’s Motion to Reopen and instructing Lennar to file its

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Motion to Enforce the Injunction and Release in the Debtors’ Joint Chapter 11 Plan and

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Confirmation Order (“Enforcement Motion”). A true and correct copy of the Delaware

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Bankruptcy Court’s Order is attached hereto as Exhibit 1;

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WHEREAS, the Delaware Bankruptcy Court has set a hearing on Lennar’s Enforcement
Motion for October 24, 2018;
WHEREAS, the parties agree it would save judicial resources and avoid the risk of

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inconsistent results in parallel proceedings to allow the Delaware Bankruptcy Court an

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opportunity to hear and rule on Lennar’s Enforcement Motion before proceedings in this Court (if

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any) should proceed;

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WHEREAS, to that end, the parties respectfully jointly request a stay of proceedings in

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this Court pending resolution by the Delaware Bankruptcy Court of Lennar’s Enforcement

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Motion;

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JOINT STIPULATION FOR STAY
CASE NO. 2:18-CV-01269

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WHEREAS, this Court has inherent authority to stay this case pending resolution of

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Lennar’s Enforcement Motion by the Delaware Bankruptcy Court, see CMAX, Inc. v. Hall, 300

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F.2d 265, 268 (9th Cir. 1962);

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BASED UPON THE FOREGOING, THE PARTIES HEREBY STIPULATE and
request that the Court enter an Order that:

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1. This case and all deadlines in place pursuant to the federal rules, the local rules,

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and the Court’s Initial Pretrial Scheduling Order (Dkt. 2) be stayed pending

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resolution by the bankruptcy court of Lennar’s Enforcement Motion;

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2. The stay is entered without prejudice to the parties’ ability to later amend their
pleadings;
3. The stay is entered without prejudice to Defendant’s ability to later seek transfer of
this matter to the District of Delaware; and
4. The stay is entered without prejudice to the parties’ ability to later petition
(individually or together) the Court to lift the stay.
IT IS SO STIPULATED.
By: /s/ Robert Barnes (as authorized 08/13/18)
Robert Barnes
Attorneys for Relator

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O’MELVENY & MYERS LLP

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By:

/s/ David Marroso
David Marroso
Attorneys for Defendant

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IT IS SO ORDERED.

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Dated: August 16, 2018

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION FOR STAY
CASE NO. 2:18-CV-01269