Amtrust Bank et al v. Lewis et al
Filing
332
ORDER Granting 329 Proposed Order re Initial Report and Petition for Further Instructions of Receiver James H. Donell. On or before 7/11/2018 the Receiver shall file a second report with this Court summarizing his efforts and presenting any additional recommendations regarding the pendency and administration of the receivership and the Receivership Entities. Signed by Judge James C. Mahan on 4/17/2018. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FDIC as Receiver for AMTRUST BANK,
12 f/k/a Ohio Savings Bank, a federal savings
bank; et al.,
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Plaintiffs/Counter-Defendants,
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v.
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REX H. LEWIS, an individual; et al.,
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Defendants/CounterClaimants,.
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[PROPOSED] ORDER ON INITIAL
REPORT AND PETITION FOR FURTHER
INSTRUCTIONS OF RECEIVER,
JAMES H. DONELL
This Court has reviewed the Initial Report and Petition for Further Instructions (the
"Initial Report") of James H. Donell (the "Receiver"), the Court-appointed receiver for
Corrales Peters, LLC; Alpha Vista, LLC; Omega Vista, LLC; Pebble Cimmaron, LLC;
Mesa Verde, LLC 1; HH INV, LLC; Bartlett Sunrise, LLC; Cottongin, LLC; Midway
Cornman, LLC; and Regena Teepee, LLC (collectively, the "Receivership Entities").
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Case No. 2:10-cv-00439-JCM-VCF
Having considered the Initial Report, and the Receiver's conclusions and
recommendations as presented therein, the Court ORDERS as follows:
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1.
The Receiver's Initial Report is accepted;
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
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The Receiver has informed the Court that he believes the correct name of this
receivership entity is Mesa Verde, Inc. The Receiver has further advised the Court that
he understands the parties are in discussion regarding the clarification of this issue.
Case No. 2:10-cv-00439-JCM-VCF
ORDER ON INITIAL REPORT AND
PETITION FOR INSTRUCTIONS
1116337.01/LA
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The Receiver's conclusions and recommendations as presented in the Initial
2 Report are acknowledged and accepted;
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The receivership established in the above-entitled action is hereby extended
4 for a period of ninety (90) days, until July 11, 2018, and the Receiver is directed to
5 continue to administer the Receivership Entities and their estate in accordance with this
6 Court's Order Appointing Receiver and the Receiver's recommendations as presented in
7 the Initial Report;
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The Receiver and the IOTA Creditors, as the term "IOTA Creditors" is
9 defined in the Initial Report, shall coordinate sufficient funding for the extended
10 receivership period in a manner consistent with this Court's Order Appointing Receiver. In
11 the event that the Receiver is unable to obtain funding he deems sufficient for the extended
12 receivership period, the Receiver shall promptly inform the Court by supplemental report;
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On or before July 11, 2018, the Receiver shall file a second report with this
15 Court, summarizing his efforts and presenting any additional recommendations regarding
16 the pendency and administration of the receivership and the Receivership Entities.
IT IS SO ORDERED.
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19 Dated:
April 17, 2018
Hon. James C. Mahan
Judge, United States District Court
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
Case No. 2:10-cv-00439-JCM-VCF
ORDER ON INITIAL REPORT AND
PETITION FOR INSTRUCTIONS
1116337.01/LA
-2-
CERTIFICATE OF SERVICE
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The undersigned, an employee of BLUT LAW GROUP, PC, hereby certifies that on April
3 12, 2018, a true and correct copy of the foregoing document entitled, [PROPOSED] ORDER ON
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INITIAL REPORT AND PETITION FOR FURTHER INSTRUCTIONS OF RECEIVER,
JAMES H. DONELL, was electronically served via the Court’s electronic service system on the
following:
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Leland E. Backus gbackus@backuslaw.com,psherretts@backuslaw.com,efile@backuslaw.com
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Peter C. Bernhard - pbernhard@kcnvlaw.com,mdiegel@kcnvlaw.com
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James J. Conway
jconway@backuslaw.com,tsmith@backuslaw.com,psherretts@backsulaw.com
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Frank M Flansburg , III
frank@nvfirm.com,ecf@schwartzlawyers.com,brian@nvfirm.com,michelle@nvfirm.com,a
pril@nvfirm.com,andrew@nvfirm.com,schwartzecf@gmail.com,troy@nvfirm.com
Conor P. Flynn - cflynn@armstrongteasdale.com,sdarling@armstrongteasdale.com
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Maria A. Gall
gallm@ballardspahr.com,lvdocket@ballardspahr.com,carltonm@ballardspahr.com
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Xiao Wen Jin - ShirleyJin@backuslaw.com
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Matthew David Lamb
lambm@ballardspahr.com,lvdocket@ballardspahr.com,waltons@ballardspahr.com
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Tamara Beatty Peterson - tpeterson@petersonbaker.com,eparcells@petersonbaker.com
Benjamin K. Reitz - breitz@petersonbaker.com,eparcells@petersonbaker.com
Joseph Sakai sakaij@ballardspahr.com,lvdocket@ballardspahr.com,carltonm@ballardspahr.com,costello
mc@ballardspahr.com
Kevin R Stolworthy - kstolworthy@armstrongteasdale.com,sdarling@armstrongteasdale.com
Abran E. Vigil
vigila@ballardspahr.com,carltonm@ballardspahr.com,LVDocket@ballardspahr.com
Joshua Andrew del Castillo
jdelcastillo@allenmatkins.com,mdiaz@allenmatkins.com
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/s/ Linda Dinerstein
An Employee of BLUT LAW GROUP, PC
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
Case No. 2:10-cv-00439-JCM-VCF
ORDER ON INITIAL REPORT AND
PETITION FOR INSTRUCTIONS
1116337.01/LA
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