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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 FDIC as Receiver for AMTRUST BANK, 12 f/k/a Ohio Savings Bank, a federal savings bank; et al., 13 Plaintiffs/Counter-Defendants, 14 v. 15 REX H. LEWIS, an individual; et al., 16 Defendants/CounterClaimants,. 17 18 19 20 21 22 [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"). 23 24 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: 25 1. The Receiver's Initial Report is accepted; 26 27 28 LAW OFFICES Allen Matkins Leck Gamble Mallory & Natsis LLP 1 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 2. 1 The Receiver's conclusions and recommendations as presented in the Initial 2 Report are acknowledged and accepted; 3. 3 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; 4. 8 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; 13 and 5. 14 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. 17 18 19 Dated: April 17, 2018 Hon. James C. Mahan Judge, United States District Court 20 21 22 23 24 25 26 27 28 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 1 2 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 4 5 6 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: 7 Leland E. Backus gbackus@backuslaw.com,psherretts@backuslaw.com,efile@backuslaw.com 8 Peter C. Bernhard - pbernhard@kcnvlaw.com,mdiegel@kcnvlaw.com 9 James J. Conway jconway@backuslaw.com,tsmith@backuslaw.com,psherretts@backsulaw.com 10 11 12 13 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 14 Maria A. Gall gallm@ballardspahr.com,lvdocket@ballardspahr.com,carltonm@ballardspahr.com 15 Xiao Wen Jin - ShirleyJin@backuslaw.com 16 Matthew David Lamb lambm@ballardspahr.com,lvdocket@ballardspahr.com,waltons@ballardspahr.com 17 18 19 20 21 22 23 24 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 25 26 /s/ Linda Dinerstein An Employee of BLUT LAW GROUP, PC 27 28 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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