Glasser et al v. Blixseth et al
Filing
104
ORDER withdrawing 90 Motion for Leave to File; granting 103 Motion. ORDERED: This Court's stay order of 4/29/16 is lifted for the sole purpose of granting the Trust's pending Motion for an Order Withdrawing Motion for Leave to File Mo tion for Order to Show Cause Why Timothy L. Blixseth and Jessica E. Ferguson (Blixseth) Should not be Held in Contempt of Court. 2. The Motion for Leave to File Motion for Order Directing Timothy L Blixseth and Jessica F. Blixseth to Show Cause why They Should not be Held in Contempt of Court is WITHDRAWN. (See Order for Further Details). Signed by Judge Sam E Haddon on 1/10/2017. (ELL)
FILED
JAN 10 2017
IN THE UNITED STATES DISTRICT COURT
Clerk, U.S. District Court
District Of Montana
Helena
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
In re:
YELLOWSTONE MOUNTAIN
CLUB, LLC, et al,
CV 15-40-BU-SEH
Bankruptcy No. 08-61570-11
Debtors.
Adversary No. 10-00015
BRIAN A. GLASSER, AS TRUSTEE
OF THE YELLOWSTONE CLUB
LIQUIDATING TRUST,
Plaintiff,
vs.
DESERT RANCH LLLP, a Nevada
limited liability limited partnership;
DESERT RANCH MANAGEMENT
LLC, a Nevada limited liability
company; TIMOTHY BLIXSETH, an
individual; BEAU BLIXSETH, an
individual; THORNTON BYRON
LLP, an Idaho limited liability
partnership; GEORGE MACK, an
individual; JOHN DOES 1-100; and
XYZ CORPS. 1-100,
Defendants.
ORDER
This Adversary Proceeding was filed in the United States Bankruptcy Court
for the District of Montana on February 19, 2010, and "referred to the United
States District Court for District of Montana for trial by jury in accordance with
Defendant George Mack's demand for jury trial," 1 on July 29, 2015.
On April 29, 2016, the Court received notice of filing of Chapter 7
proceedings in bankruptcy by Desert Ranch LLLP. On the same day, the Court
issued its Order staying "[a]ll proceedings in this case ... pending resolution of
Desert Ranch LLLP's bankruptcy, 11 U.S.C. § 362." 2
On May 23, 2016, the Trust's claims against Defendant George Mack were
dismissed with prejudice. 3
On May 27, 2016, Plaintiff Brian A. Glasser, as Trustee of the Yellowstone
Club Liquidating Trust (the "Trust"), filed a Motion for Leave to File Motion for
Order Directing Timothy L. Blixseth and Jessica F. Blixseth to Show Cause why
They Should not be Held in Contempt of Court4 and a Motion for an Order
Severing and Directing Trial of Claims Against Thornton Byron LLP in Count II
1
Doc. 1 at 2.
2
Doc. 48 at 1.
3
Doc. 77.
4
Doc. 90.
2
of the Complaint. 5
On June 9, 2016, the Court received notice of filing of Chapter 7
proceedings in bankruptcy by Desert Ranch Management LLC. 6
Proceedings in bankruptcy by Desert Ranch LLLP and Desert Ranch
Management LLC remain pending.
On June 13, 2016, the Trust filed Plaintiffs Motion for an Order Severing
Claims Against Defendants Desert Ranch LLLP and Desert Ranch Management,
LLC. 7
On October 20, 2016, the Trust obtained a $9 .4 million jury verdict and
judgment against Jessica Blixseth, now known as Jessica Elizabeth Ferguson, JTB,
LLC, and the marital community of Jessica and Timothy Blixseth with respect to
the transfers of Western Air & Water LLC and Kawish LLC to JTB, LLC and/or
Jessica Blixseth. 8 That judgment has been settled and the Trust has agreed "to
release Ms. Blixseth (and JTB and the marital estate) from all claims against her,
including the claims the Trust sought to bring in connection with its motion for
5
Doc. 88.
6
Doc. 95.
7
Doc. 97.
8
See Doc. 103 at 3; see also Glasser v. Blixseth, No. 2:14-cv-01576-RAJ (W.D. Wash.,
Oct. 20, 2016), ECF No. 292.
3
leave and the related motion for an order to show cause." 9
On December 20, 2016, the Trust moved "for entry of an order withdrawing
its motion for leave to file a motion for an order directing Timothy L. Blixseth and
Jessica E. Ferguson, formerly known as Jessica Blixseth, to show cause why they
°
should not be held in contempt of court [Docs 90 & 91]." 1 Counsel for Jessica E.
Ferguson, formerly known as Jessica Blixseth, and Thornton Byron LLP
consented to the request. 11 The remaining Defendants, Desert Ranch, LLLP,
Desert Ranch Management, LLC, Timothy Blixseth, and Beau Blixseth, did not
respond to the Trust's L.R. 7.1 request.
ORDERED:
1.
This Court's stay order of April 29, 2016, is lifted for the sole
purpose of granting the Trust's pending Motion for an Order Withdrawing Motion
for Leave to File Motion for Order to Show Cause why Timothy L. Blixseth and
Jessica E. Ferguson (Blixseth) Should not be Held in Contempt of Court. 12
2.
9
The Motion for Leave to File Motion for Order Directing Timothy L.
Doc. 103 at 3-4.
10
Doc. 103 at 2.
11
Doc. 103 at 4.
12
Doc. 103.
4
Blixseth and Jessica F. Blixseth to Show Cause why They Should not be Held in
Contempt of Court13 is WITHDRAWN.
FURTHER ORDERED:
1.
The Court will take up and consider the Trust's Motion for an Order
Severing and Directing Trial of Claims Against Thornton Byron LLP in Count II
of the Complaint 14 and Plaintiffs Motion for an Order Severing Claims Against
Defendants Desert Ranch LLLP and Desert Ranch Management, LLC 15 by
separate proceedings to be set, if appropriate, by further order of Court to be
entered following lifting of the automatic stay in the pending Desert Ranch
Management LLC and Desert Ranch LLLP bankruptcy proceedings.
2.
The Court will conduct a status conference to address with counsel
those issues remaining for resolution in this matter and to establish a schedule for
submission of such remaining issues to be set by further order of Court to be
entered following lifting of the automatic stay in the pending Desert Ranch
13
Doc. 90.
14
Doc. 88.
15
Doc. 97.
5
Management LLC and Desert Ranch LLLP bankruptcy proceedings.
DATED this
/04y of January, 2017.
~£itnJ
~:HADDON
United States District Judge
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?