Brincko v Rio Properties Inc

Filing 137

ORDER Granting 134 Motion for Leave to File Expert Reports Under Seal. Signed by Judge Philip M. Pro on 8/23/10. (Copies have been distributed pursuant to the NEF - ASB)

Case 2:10-cv-00930-PMP-PAL Document 136

Filed 08/19/10 Page 1 of 2

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8984 SPANISH RIDGE AVENUE LAS VEGAS, NEVADA 89148

DENNIS L. KENNEDY Nevada Bar No. 1462 BRANDON P. KEMBLE Nevada Bar No. 11175 BAILEY KENNEDY 8984 Spanish Ridge Avenue Las Vegas, Nevada 89148 [phone] Telephone [phone] Facsimile BIJAN AMINI (Admitted Pro Hac Vice) LITA BETH WRIGHT (Admitted Pro Hac Vice) STORCH AMINI & MUNVES PC 140 East 45th Street New York, New York 10017 [phone] Telephone [phone] Facsimile Attorneys for Plaintiff John P. Brincko UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN P. BRINCKO, as Chapter 11 Trustee of ) Debtor National Consumer Mortgage, LLC, ) ) Plaintiff, ) ) ) vs. ) ) RIO PROPERTIES INC, ) ) Defendant(s). ) ) ) ) ) 2:10-cv-00930-PMP-PAL

[PROPOSED] ORDER GRANTING TRUSTEE'S MOTION FOR LEAVE TO FILE EXPERT REPORTS UNDER SEAL

The Court having reviewed the Notice of Motion and Memorandum of Points and Authorities in Support of the motion of Plaintiff John P. Brincko (the "Plaintiff" or "Trustee"), as Chapter 11 Trustee of the debtor National Consumer Mortgage, LLC ("NCM" or the "Debtor"), for leave to file under seal with this Court seven expert reports (collectively, the "Expert Reports"), and the Declaration of Jason Levin, dated August 19, 2010, and the exhibits thereto, and there being no opposition thereto, finds that:

BAILEY KENNEDY
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Case 2:10-cv-00930-PMP-PAL Document 136

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8984 SPANISH RIDGE AVENUE LAS VEGAS, NEVADA 89148

WHEREAS, Each of the Expert Reports will be submitted in connection with the Trustee's motion for leave to file the Expert Rebuttal Report of Peter Djinis (the "Djinis Motion"), and reference and discuss documents previously designated by the Rio as confidential under the confidentiality order in this case and/or previously filed under seal in the United States Bankruptcy or District Court for the Central District of California prior to the transfer of this action. Good cause appearing therefor, the Court hereby orders the following: 1. The Trustee's application to file the Expert Reports under seal in support of the

Djinis Motion is granted; 2. This Order is without Prejudice to the Trustee's ability to contest the

confidentiality of either the materials referenced in the Expert Reports that the Rio has designated as confidential under the confidentiality order or the Expert Reports in this case, in subsequent proceedings, or at trial. 3. The Trustee shall file under seal the Expert Reports with the Court in accordance

with Local Rule 9018. IT IS SO ORDERED. Dated: August ___, 2010

DATED: August 23, 2010.
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PHILIP M. PRO United States District Judge

BAILEY KENNEDY
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