Brincko v Rio Properties Inc

Filing 264

ORDER Granting 263 Proposed Order Submission filed by John P Brincko. Signed by Magistrate Judge Peggy A. Leen on 5/6/2013. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:10-cv-00930-PMP-PAL Document 263 Filed 05/03/13 Page 1 of 3

2

JAMES D. BOYLE
Nevada Bar No. 08384
COTTON, DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
400 South Fourth Street, Third Floor

JOHNR. BAILEY
Nevada Bar No. 000137
DENNIS L. KENNEDY
Nevada

BarNo. 001462

3

BAILEY KENNEDY
Spanish Ridge Avenue
8984

4

LasVegas, Nevada 89148
Telephone:
Facsimile:

Las Vegas, Nevada 89101
Telephone: [phone]

jboyle~nevadafinn.com

[phone]
[phone]

BIJAN AMINI

(Admitted Pro Hac Vice)
Pro Hac
LITABETH WRIGHT (Admitted

JAMES P. FOGELMAN
Nevada Bar No. 9803

Vice)

SHANNON E. MADER

STORCH AMINI & MUNVES PC
East 45th Street
140
York, New York 10017
New

Vice)

GIBSON, Dl:JNN & CRUTCHER LLP
Grand Avenue, Forty-Seventh Floor
333
South
Los Angeles, California 90071
Telephone: [phone]
j fogelman~gibsondunn. com

'letephgrie:...(212)490..4 roo
Facsimile:

10
11

12

(Admitted Pro Hac

[phone]

Attorneys for Plaintiff
JOHNP. BRINCKO, as Chapter n
Debtor National Consumer
Of
Trustee
Mortgage, LLC

Attorneys for Defendant
RIO

PROPERTIES, INC.

UNITED STATES DISTRICT COURT

NEVADA

DISTRICT OF

15

16
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JOHN P. BRINCKO,as Chapter 11 Trustee of) 2: 10-cv-00930-PMP-PAL
Debtor National Consumer Mortgage, LLC, )
)

Plaintiff, ) (PROPOSED) STIPULATION AND
) ORDER
)
)
)

R.IOPROPERTIES INC., )

Defendant. )

)
)

BAILEY.:.KENNWY
R934 SpitNISi-fRi.OGE AVf-.Nu.F.

LASVEOAS. N~VAD~ 89108
Pi lONE (702) 562,8820

FAX (702) 562,8821

- 1 ~
(PROPOSED) STIPULATION AND

ORDER

Case 2:10-cv-00930-PMP-PAL Document 263 Filed 05/03/13 Page 2 of 3

pursuant to this Court's Order,

WHEREAS,

entered on January 14,2013 (Dkt. No. 247)

2 (the "Order"), the Couit granted in part defendant Rio Properties, Inc.'s (the "Rio") Motion in
the

3 Litnineto Exclude

Rohert Leahy (Dkt. No. 204) only to the extent that

Expert Testimony of

the Cöúrt. allowed it to recover the reasonable costs and attorneys' fees associated with the first
of

5 deposition

Robert Leahy;

6 WHEREAS, the Order directed the parties to appear for a settlement conference in this
7 matter before the Honorable Peggy A. Leen (the "Settlement Conference");

8 WHEREAS, the Order directed the Rio to file a memorandum, supported by an affdavit
9 c6ünsel,setting forth the amount offees and costs incurred in connection with the Leahy

Settlement Conference if no settlement was

10 bepositìon within fourteen (14) days after the

11 reached;

12 WHEREAS, pursuant to the Order, a settlement conference was held before the
April 11, 2013, and

Honorable Peggy A. Leen on

no settlement was rcached;

Fees and Costs, with a supporting af1davit

.14 WHEREAS, the Rio fied its Memorandum of

15 of counsel, on April 25, 2013;

16 WHEREAS, the parties wish to resolve the issue of the amount offees and costs to be
17 awarded in connection with the Leahy Deposition pursuant to the Order without burdening the
patties

CouTtor the

with further briefing or motion practice;

IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff John P.
Brincko (the "Ttustee"), as Chapter 11 Trustee of

Debtor

Nat

iona

1 Consumer Mortgage, LLC

.

(the "Debtor") and the Rio, by and through their respective undersigned counsel, as follows:
1.

25

awarded

costs and attorneys' fees in the total amount of$5,000.00 in

connection with the Leahy Deposition;

23

24

Defendant is

2.

Enforcement of the costs and attorneys' fees awarded pursuant to this Stipulation
and Order shall be stayed untiljudgment is entered. The Rio shall

BAll.EY':'KENNEDY
&9.84 'SJlANI$liJliDat.A\iEÜ~UF

lAS VEGAS.NEVADA 89148
PHQJoE(702) 56i;S820
FAX [phone],8821

~ 2(PROPOSED J STIPULATION AND ORDER

be entitled to

Case 2:10-cv-00930-PMP-PAL Document 263 Filed 05/03/13 Page 3 of 3

an offset for

the costs and fees awarded herein against any judgment entered in

favor of the Trustee. The costs and attorneys' fees awarded herein shall be
assessed as

4

an

allowable cost against the Debtor's Estate in the event judgment is
of

entered in favor

5 DATED: May 3, 2013

the Rio.

BAILEY KENNEDY
and

6

STORU.dSJN1 & r7

~-- "..7".. ..... ,_,_-:"~ '-;;;'e.
,#~~

8

mJAN AMI~R~'- ' '

9

Attorneys forPlitintif JOHN P. BRINCKO, as Chapter 11
Trustee Of Debtor National Consumer Mortgage, IIC

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11

DATED: May 3, 2013
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COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON
THOMPSON
&
and
G.........I...B......S.....O.........N.............'....D..........UN......................&CRU.T...C.... H.E..R. L..L.P. ~.... .............1......

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"~~ (Jfii.1f\ .. ~

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JA.. ES P. FOGELMAN, ESQ. !

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lttrneysfor Defendant RIO PROPERTIES, INC

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ITIS SO ORDERED: this 6th day of May, 2013.

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20
21 Han. Peggy A. teen, U.S.M.J.

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BA1LEy.;.KEI'¡1''EOV
8984 -SPl\Nls~rRil)qE: "AYßNVE
LAsVeOAS, -NE\':\.OA:8.9HS
PHONE (702).562'8820

VAX (702) 562'882 i

-3(PROPOSED) STIPULATION AND ORDER