Filing 70

ORDER that the Parties shall file the necessary documents to close this proceeding by no later than September 30, 2010. Signed by Chief Judge Roger L. Hunt on 9/1/10. (Copies have been distributed pursuant to the NEF - ECS)

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DIAMOND MCCARTHY LLP
909 Fannin, Suite 1500 Houston, Texas 77010 Telephone [phone] Facsimile [phone] All an B. Diamond, TX State Bar No. 05801800 Email: [e-mail] Eric D. Madden, TX State Bar No. 24013079 Email: [e-mail] Special Litigation Counsel for USA Capital Diversified Trust Deed Fund, LLC

LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169-5996 Telephone [phone] Facsimile [phone] Rob Charles, NV State Bar No. 006593 Email: [e-mail]

Counsel for USACM Liquidating Trust

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA USA CAPITAL DIVERSIFIED TRUST DEED FUND, LLC, Plaintiff, v. STANLEY E. FULTON, Defendant. JOINT STATUS REPORT AND SECOND REQUEST TO EXTEND DEADLINE TO CLOSE CASE CASE NO. 2:09-CV-01946-RLH-LRL Bankruptcy No. BK-S-06-01725-LBR Adversary No. 08-01132-LBR

Plaint iff USA Capital Diversified Trust Deed Fund, LLC ("DTDF") and Defendant Stanley E. Fulton ("Fulton", collectively with DTDF the "Parties") hereby file this Joint Status Report and Second Request to Extend Deadline to Close Case ("Status Report") and state as follows: 1. At the hearing on June 23, 2010, the Parties advised the Court that a settlement

had been reached in principal and that the Parties were continuing to negotiate the final terms of the settlement and anticipated filing a motion to approve the proposed compromise in the Bankruptcy Court for hearing in July. As a result of these representations at the June 23, 2010 hearing, the Court established a deadline of July 30, 2010, to file the necessary pleadings to close this case (the "Dismissal Deadline").

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On July 28, 2010, the Parties filed a Joint Status Report and Request to Extend

Deadline to Close Case, requesting that the Dismissal Deadline be extended to August 31, 2010. The Court granted that request in an order entered on July 30, 2010. The Parties have executed the settlement agreement, which (together with all of

its exhibits) is attached hereto as Exhibit "A." However, negotiations have taken longer than originally anticipated regarding the Rule 9019 motion necessary to obtain approval of the compromise from the Bankruptcy Court. The Rule 9019 motion has now been filed, and DTDF has requested an expedited hearing on that motion. Accordingly, the Parties request that the Court extend the Dismissal Deadline to September 30, 2010. Dated: August 31, 2010 DIAMOND MCCARTHY LLP By: /s/ Eric D. Madden Allan B. Diamond, TX 05801800 (pro hac vice) Eric D. Madden, TX 24013079 (pro hac vice) Michael J. Yoder, TX 24056572 (pro hac vice) 909 Fannin, Suite 1500 Houston, Texas 77010 [phone] (telephone) [phone] (facsimile) Special Litigation Counsel for USA Capital Diversified Trust Deed Fund, LLC LEWIS AND ROCA LLP By: /s/ Rob Charles Rob Charles, NV 6593 3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169-5996 [phone] (telephone) [phone] (facsimile) Counsel for USACM Liquidating Trust

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O'REILLY LAW GROUP, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: /s/ Timothy R. O'Reilly John F. O'Reilly, NV 1761 Timothy R. O'Reilly, NV 8866 325 South Maryland Parkway Las Vegas, Nevada 89101 E-Mail: [e-mail] Attorneys for Defendant Stanley E. Fulton A

BIENERT, MILLER & KATZMAN By: /s/ Steven J. Katzman Steven J. Katzman, CA 132755 903 Calle Amanecer, Ste. 350 San Clemente, California 92673 [phone] (telephone) ( [phone] (facsimile) E Email: [e-mail] Attorneys for Defendant Stanley E. Fulton

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ORDER It is hereby ORDERED that the Parties shall file the necessary documents to close this proceeding by no later than September 30, 2010.

The Honorable Roger L. Hunt UniitefdUnited States District Judge Ch e States District Judge
Dated: September 1, 2010

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