The Richard And Sheila J. McKnight 2000 Family Tust, Richard McKnight Trustee

Filing 433

ORDER Granting 432 Stipulation for Extension of Time re 413 MOTION Approval of Settlement Proposal and Reques for Hearing. Amended Response due by 3/18/2016. Signed by Judge Robert C. Jones on 3/1/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:10-cv-01617-RCJ-GWF Document 432 Filed 02/25/16 Page 1 of 3

Jr.

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090114
Dean T. Kirby,
Roberta S. Robinson 099035

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KIRBY&McGUINN,AP.C.

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707 Broadwây, Suite 1750
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]

Cindy Lee Stock

LAW OFFICES OF CINDY LEE STOCK, P.C.
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608 South 8th Street
Las Vegas, NV 89101
Telephon e: (7 02) 382-1399
Facsimile : (7 02) 382-0925

Attorneys for Third Party Defendants and
Counterclaimants and Fourth Party Plaintifß
DACA-Castaic, LLC and Debt Acquisition
Company of America V, LLC

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TJNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TFIE RICHARD AND STIEILA J.
McKNIGHT 2000 FAMILY TRUST,
Richard McKnight, Trustee

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Plaintiff
v

V/ILLIAM

J. BARKETT, an individual,

CaseNo.

2:10-cv-01617-RCJ

STIPULATION FOR EXTENSION OF
TIME TO FILE AMENDED
OPPOSITION TO APPLICATION FOR
APPROVAL OF SETTLEMENT
PROPOSAL

AND ORDER TT{EREON

t9

CASTAIC III PARTNERS, LLC
a California limited liability company

DATE:

April 15,2016

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Defendants

TIME

10:00 a.m.

COURTROOM:

2t

Las Vegas 4B
Hon. Robert C. Jones

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AND RELATED INTERVE,NOR
ACTIONS, THIRD PARTY ACTIONS
AND COUNTERCLAIMS
TION FOR

OF TIME TO FILE AMENDED OPPOSITION TO APPLICATION
FOR APPROVAL OF SETTLEMENT PROPOSAL

Case 2:10-cv-01617-RCJ-GWF Document 432 Filed 02/25/16 Page 2 of 3

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This Stiputation by and between Debt Acquisition Company of America V, LLC and DA

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Castaic, LLC (collectively, "DACA"), and William J. Barkett, Castaic Partners, LLC, Castaic

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Partners

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Lenders represented by Lisa A. Rasmussen as their attorney of record (the "Rasmussen Direct

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Lenders"), through their undersigned attorneys, is made with reference to the following facts:

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II, LLC

1.

and Castaic Partners

III, LLC (collectively, the ooBarkett Parties") and those Direct

On January 29,20I6,the Barkett Parties filed their Application for Approval

of

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Settlement Proposal and Request for Hearing (ECF No. 413). By minute order entered February 2.

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2016 (ECF No.418) the Court set the Application w for hearing on February 12,2016, a date which

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preceded the time when opposition would normally have been due under the District Local Rules.

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2,

DACA and the Rasmussen Direct Lenders each filed responses to the motion shortly

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prior to the scheduled hearing. At the hearing, counsel for DACA requested Court permission to file

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an amended response to the Application which would also address the matters raised by the

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Rasmussen Direct Lenders' response.

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3.

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hearing on

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response to the Application.

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4.

By minute order entered after the hearing, the Court set the matter for

April 15,20t6, and

set

March 15,2016

as the last day

a continued

for filing DACA's amended

Counsel for DACA represents to other counsel and to the Court that the March 15

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deadline (which falls on a Tuesday) is extremely inconvenient as it is the day after counsel for

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DACA will return from a scheduled vacation, and that reservations for that vacation trip were made

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in January. Counsel of DACA has requested, and other counsel have agreed, that

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professional courtesy the response deadline should be continued for three days, from Tuesday,

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March 15 to Friday, March

as a matter

of

18.

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TION FOR EXTENSION OF TTME TO FILE AMENDED OPPOSITION TO APPLICATION
FOR APPROVAL OF SETTLEMENT PROPOSAL

Case 2:10-cv-01617-RCJ-GWF Document 432 Filed 02/25/16 Page 3 of 3

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^,

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V/HEREFORE the parties, through their undersigned counsel, stipulate to the entry of an
order providing as follows:

1.

DACA may file an amended response to the Barkett Parties' Application for

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Approval of Settlement Proposat (ECF No. 413) on or before Friday, March 18, 2016.

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SO STIPULATED

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DATE:

February

25,2016

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By: /s/ Dean T. Kirby" Jr.

Dean T. Kirby, Jr.
Attorneys for Third Party Defendants and
Counterclaimants and Fourth Party Plaintiffs
Debt Acquisition
DACA-Castai
LLC
Company

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/
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KIRBY & McGUINN, A P.C.

DATE:

February

4_,2016

GILMO

GNE

LEIFER

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goluso
for Defendants William J. Barkett.
Castaic artners, LLC, Castaic Partners II,
LLC and Castaic Partners III, LLC

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DATE:

February 25

LAW OFFICE OF LISA A. RASMUSSEN

-,2016

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/s/
By:- Lisa A. Rasmussen

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Counsel for Rasmussen Direct Lenders
and Castaic Investors. LLC

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Rastturssetr

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Upon the above Stipulation,

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IT IS SO ORDERED.

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DATE: March 1, 2016.

UNITED STATES DISTRICT JUDGE

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TION FOR EXTENSION OF TIME TO FILE AMENDED OPPO SITION TO APPLICATION
FOR APPROVAL OF SETTLEMENT PROPOSAL

Case 2:10-cv-01617-RCJ-GWF Document 432-1 Filed 02/25/16 Page 1 of 3

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Dean T. Kirby, Jr. (Calif. Bar No. 090114)
Roberta S. Robinson (Calif. Bar No. 099035)
KIRBY & McGUINN, A P.C.
707 Broadway, Suite 1750
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
Cindy Lee Stock
LAW OFFICES OF CINDY LEE STOCK, P.C.
608 South 8th Street
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Third Party Defendants and
Counterclaimants / Third Party Plaintiffs
DACA-Castaic, LLC and Debt Acquisition
Company of America V, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE RICHARD AND SHEILA J.
McKNIGHT 2000 FAMILY TRUST,
Richard McKnight, Trustee

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2:10-CV-01617-RCJ

CERTIFICATE OF SERVICE

Plaintiff

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Case No.

v.
WILLIAM J. BARKETT, an individual,
CASTAIC III PARTNERS, LLC
a California limited liability company
Defendants
AND RELATED INTERVENOR
ACTIONS, THIRD PARTY ACTIONS
AND COUNTERCLAIMS

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1
CERTIFICATE OF SERVICE

Case 2:10-cv-01617-RCJ-GWF Document 432-1 Filed 02/25/16 Page 2 of 3

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I, Jacquelyn Wilson, declare under penalty of perjury that the following facts

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are true and correct: I am a resident of the State of California and over the age of 18

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years and not a party to or interested in the above-entitled matter. I am an employee

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of Kirby & McGuinn, A P.C., and my business address is 707 Broadway, Suite 1750,

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San Diego, California 92101.

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document(s):

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On February 9, 2016, I served the following

• STIPULATION FOR EXTENSION OF TIME TO FILE AMENDED
OPPOSITION TO APPLICATION FOR APPROVAL OF
SETTLEMENT PROPOSAL
by:

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□

MAIL: by placing a true copy(ies) thereof in a sealed envelope(s) in the
outgoing mail tray located in my office for deposit in the United States
mail, with postage fully prepaid, addressed as shown below. I am readily
familiar with the business practice at my place of business for collection
and processing of outgoing mail with the U.S. Postal Service that same
day in the ordinary course of business.

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□

PERSONAL SERVICE: by personally serving by hand delivery in an
envelope(s) addressed as shown below:

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□

OVERNIGHT DELIVERY: by enclosing, a true copy (ies) in a sealed
FedEx envelope(s) addressed as shown below.

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VIA FACSIMILE: by transmitting via facsimile to the number(s) shown
below:

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VIA ECF FILING: by electronically mailing to the parties that are
registered or otherwise entitled to receive electronic notices in this case
pursuant to the Electronic Filing Procedures in this District.

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•

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•

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•

Lynn L. Fetterly
[e-mail]
Lynn L. Fetterly
[e-mail]
David M. Gilmore
[e-mail],[e-mail]
Howard N. Gould
[e-mail],[e-mail]
Richard McKnight
[e-mail],[e-mail],msmith@lawlasvega
s.com,[e-mail],[e-mail]
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CERTIFICATE OF SERVICE

Case 2:10-cv-01617-RCJ-GWF Document 432-1 Filed 02/25/16 Page 3 of 3

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•

David Mincin
[e-mail],[e-mail],rmcknight@lawlasveg
as.com,[e-mail]
Jennifer J. Panicker
[e-mail],[e-mail]
Lisa A Rasmussen
[e-mail],[e-mail],Secretary@lrasmussenla
w.com,[e-mail]
Richard Segerblom
[e-mail],[e-mail]

I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
DATED: February 25, 2016

KIRBY & McGUINN, A P.C.

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By: /s/ Jacquelyn Wilson
Jacquelyn Wilson

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CERTIFICATE OF SERVICE