Sussex et al v. Turnberry/MGM Grand Towers, LLC et al

Filing 212

ORDER re 2:08-cv-00773-MMD-PAL consolidated with 2:11-cv-01007-MMD-PAL. It is hereby ordered that the Clerk of Court is directed to transfer Case No. 2:16-cv-00252-RFB-VCF to District Judge Miranda M. Du and Magistrate Judge Peggy Leen. Signed by Judge Miranda M. Du on 03/03/2016. (Copies have been distributed pursuant to the NEF - NEV)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 MARY ANN SUSSEX, et al, Case No. 2:08-cv-00773-MMD-PAL Consolidated with 2:11-cv-01007-MMD-PAL 10 Plaintiff, v. 11 12 TURNBERRY MGM GRAND TOWERS, LLCA. et al, 13 Defendants. and related case 14 KJH & RDA INVESTOR GROUP, LLC, Case No. 2:16-cv-00252-RFB-VCF 15 Plaintiffs, 16 17 Transfer Order v. TURNBERRY/MGM GRAND TOWNERS, LLC, et al., 18 Defendants. 19 20 Defendants KJH & RDA Investor Group, LLC et al, v. Turnberry/MBM Grand 21 Towers, LLC, et al., Case No. 2:16-cv-00252-RFB-VCF, filed a notice of related cases 22 (dkt. no.7) in case 2:08-cv-00773-MMD-PAL, alerting the Court that the above- 23 captioned cases “(a) Both involve the same or substantially the same parties; (b) Both 24 actions relate to the Chapter 11 cases of the Debtors pending before the Honorable August 25 B. Landis, United States Bankruptcy Court for the District of Nevada; (c) Both actions raise 26 questions involving the jurisdiction of the Bankruptcy Court and the forum of the underlying 27 litigation between the parties; (d) the above-captioned case involves the same or 28 substantially similar facts as were before the Court in the Referred Case in connection with 1 Turnberry/MGM Grand Towers, LLC’s Motion to Refer all Claims and Causes of Action to 2 the Bankruptcy Court [ECF No. 191]; and (e) Movants in the above-captioned case before 3 this Court seek relief contrary to the Order entered in the Referred Case on January 19, 4 2016 [ECF No. 208], which referred the case to the Bankruptcy Court.” (Dkt. no. 7.) 5 In the interest of judicial economy, the presiding district judges in these actions 6 have preliminarily determined that these cases are related and that good cause exists to 7 transfer Case No. 2:16-cv-00252-RFB-VCF to District Judge Miranda M. Du and 8 Magistrate Judge Peggie Leen under Local Rule 7-2. 9 Accordingly, it is hereby ordered that the Clerk of Court is directed to transfer 10 Case No. 2:16-cv-00252-RFB-VCF to District Judge Miranda M. Du and Magistrate 11 Judge Peggie Leen. 12 13 DATED THIS 3rd day of March 2016. M 14 15 16 M MIRANDA M. MIRANDA M DU RICHARD F. BOULWARE II CHARD BOULWARE, UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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