Glasser et al v. Blixseth et al

Filing 105

ORDER denying 88 Motion to Sever; denying 97 Motion to Sever (SEE ORDER FOR COMPLETE DETAILS) Signed by Judge Sam E Haddon on 2/8/2017. (ELL)

FILED
FEB 0 8 2017
Cler1<, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
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

On April 29, 2016, this case was stayed pending resolution of Chapter 7
proceedings in bankruptcy on behalf of Desert Ranch LLLP. 1
On June 9, 2016, the Court received notice of filing of Chapter 7
proceedings in bankruptcy by Desert Ranch Management LLC. 2
After the stay order of April 29, 2016, was entered, Plaintiff Brian A.
Glasser, as Trustee of the Yellowstone Club Liquidating Trust (the "Trust") filed:
1.

Motion for an Order Severing and Directing Trial of Claims Against
Thornton Byron LLP in Count II of the Complaint; 3 and

2.

Plaintiffs Motion for an Order Severing Claims Against Defendants
Desert Ranch LLLP and Desert Ranch Management, LLC. 4

The motions remain pending.
Proceedings in bankruptcy by Desert Ranch LLLP and by Desert Ranch
Management LLC remain pending. 5
ORDERED:
The ( 1) Motion for an Order Severing and Directing Trial of Claims Against

1

Doc.48.

2

Doc. 95.

3

Doc. 88.

4

Doc. 97.

5

See In re Desert Ranch LLLP, 6:16-bk-13798-SC (Bankr. C.D. Cal. 2016) and In re
Desert Ranch Management, LLC, 6:16-bk-15177-MH (Bankr. C.D. Cal. 2016).
2

Thornton Byron LLP in Count II of the Complaint; 6 and (2) Plaintiffs Motion for
an Order Severing Claims Against Defendants Desert Ranch LLLP and Desert
Ranch Management, LLC, 7 are DENIED without prejudice to renewal, if
appropriate, following lifting of the automatic stay in the pending Desert Ranch
LLLP and Desert Ranch)anagement LLC bankruptcy proceedings.
DATED this ~ay of February, 2017.

dtl!::mrJiwo1~
United States District Judge

6

Doc. 88.

7

Doc. 97.

3