Garden v. Central Nebraska Housing Corp. et al

Filing 84

ORDER the Joint Motion to Extend Time 83 is granted as follows: a) Defendants Rick and Loretta Sue Roberts shall file an amended motion for sanctions on or before 4/6/12; b) defendants Central Nebraska Housing Corp. and John Zapata shall file thei r brief in response to the amended motion for sanctions on or before 4/23/12; c) Defendants Rich and Loretta Sue Roberts shall file their reply brief in support of their amended motion for sanctions on or before 4/30/12; and 2) Pursuant to the partie s Stipulation 62 and the Findings of Fact and Conclusion of Law 82 the Clerk of Court is directed to release the deposited funds as follows: a) $47,732.30 to defendant Pinnacle Bank, and sent it to Pinnalce Bank's counsel at the addres s listed in this order. b) $2,507.08 to Plaintiff Richard P. Garden, Jr. and sent it to the address listed in this order. What remains of the $166,500.00 deposited with the Clerk of Court shall be retained by the Clerk of Court until further order. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to finance)(DKM, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD P. GARDEN, JR., Trustee,
Plaintiff,
v.
CENTRAL NEBRASKA HOUSING
CORP., PINNACLE BANK OF
NEWCASTLE WYOMING, SECURITY
FIRST BANK, RICK ROBERTS,
LORETTA SUE ROBERTS, JOHN
ZAPATA, COLJO INVESTMENTS,
LLC, PINNACLE BANK, and
UNVERZAGT FEED LOT,
Defendants.

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CASE NO. 8:11CV292

ORDER

This matter is before the Court on the Joint Motion to Extend Time with respect to
Motion for Sanctions (Filing No. 83) filed by Defendants Rick and Loretta Sue Roberts. On
March 13, 2012, the Robertses filed their Motion for Sanctions (Filing No. 77) under
section 105(a), 362(k), and 524(a) of the Bankruptcy Code,1 under Federal Rule of Civil
Procedure 37, and under Federal Rule of Bankruptcy Procedure 7037 against Defendants
Central Nebraska Housing Corp. (“CNH”) and John Zapata.
In the Joint Motion to Extend, the Robertses, CNH, and Zapata have represented
that the Robertses have learned of new documents they believe should be made part of
the record on their Motion for Sanctions, and that they believe CNH and Zapata should
have an opportunity to address those additional documents when responding to the Motion
for Sanctions. As a result, the Robertses, CNH, and Zapata request that (1) the Robertses
be given until April 6, 2012, to supplement and/or amend the Motion for Sanctions, (2)

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11 U.S.C. §§ 105(a), 362(k), 524(a).

CNH and Zapata be given seventeen days to file their responsive brief from the date the
Robertses supplement and/or amend their Motion for Sanctions, and that (3) the Robertses
be given five days to reply to CNH and Zapata’s responsive brief. Although the Motion for
Sanctions concerns only the Robertses, CNH, and Zapata, other parties to this action are
entitled to some of the $166,500.00 deposited with the Clerk of Court, and they are waiting
for their funds to be distributed.
Accordingly,
IT IS ORDERED:
1.

The Joint Motion to Extend Time with respect to Motion for Sanctions (Filing
No. 83) is granted, as follows:
a.

b.

Defendants Central Nebraska Housing Corp. and John Zapata shall
file their brief in response to the amended motion for sanctions on or
before April 23;

c.

2.

Defendants Rick and Loretta Sue Roberts shall file an amended
motion for sanctions on or before April 6, 2012;

Defendants Rick and Loretta Sue Roberts shall file their reply brief in
support of their amended motion for sanctions on or before April 30,
2012; and

Pursuant to the parties Stipulation (Filing No. 62) and the Findings of Fact
and Conclusions of Law (Filing No. 82), the Clerk of this Court is directed to
release the deposited funds, as follows:
a.

$47,732.30 to Defendant Pinnacle Bank, and send it to Pinnacle
Bank’s counsel at the following address:
Pinnacle Bank, c/o James M. Carney
Simmons, Olsen Law Firm, P.C.
1502 2nd Avenue
Scottsbluff, NE 69361-3174;

b.

$2,507.08 to Plaintiff Richard P. Garden, Jr., and send it to the
following address:

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Richard P. Garden, Jr.
Cline Williams Wright Johnson & Oldfather, L.L.P
1900 U.S. Bank Building
233 South 13th Street
Lincoln, NE 68508-2095; and
c.

What remains of the $166,500.00 deposited with the Clerk of Court
shall be retained by the Clerk of Court until further Court order.

DATED this 30th day of March, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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