Glasser et al v. Blixseth et al

Filing 158

STIPULATED ORDER REGARDING INJUNCTION ORDER (Bankr. Doc. 216). Signed by Judge Sam E Haddon on 2/15/2018. (NOS)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA FILED BUTTE DIVISION FEB I 5 2018 Clerk, U.S. District Court District Of Montana Helena 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. STIPULATED ORDER REGARDING INJUNCTION ORDER (BANKR. DOC. 216) Pending before the Court is Plaintiff Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust's Amended Motion for Entry of a Stipulated Order Modifying Preliminary Injunction1 and the parties' Stipulation regarding Injunction Order,2 ORDERED: I. The Bankruptcy Court's order dated December 13, 2013 (Bankr. Doc. 216) (the "Restraining Order") enjoining Timothy L. Blixseth ("Blixseth") "from spending, transferring, concealing, dissipating, disposing, assigning, hypothecating and/or encumbering any of [his] assets in an amount or of a value that exceeds $5,000.00 without prior Court approval" 3 is hereby modified solely for the purpose of allowing Blixseth to transfer, assign, or encumber the Litigation Rights (as defined in the Stipulation4) to the Third Party (as defined in the Stipulation5) in connection with the consummation of the transactions 1 Doc. 155. 2 Doc. 156-2. 3 Doc. 216 at 2, In re Yellowstone Mountain Club, LLC, Adv. No. 10-00015 (Bankr. D. Mont. Dec. 13, 2013). 4 Doc. 156-2. s Doc. 156-2. 2 contemplated by the Agreement (as defined in the Stipulation6). 2. Except as expressly modified herein, the Restraining Order shall remain in full force and effect. 3. The authority granted pursuant to this Stipulated Order and any transfer, assignment, or encumbrance pursuant hereto shall be null and void and of no force and effect if the Third Party fails to timely consummate the transactions contemplated by the Agreement. DATED this / A y of February, 2018. United States District Judge 6 Doc. 156-2. 3

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