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)

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