Federal Deposit Insurance Corporation v. Red Hot Corner, LLC et al

Filing 136

ORDER that the FDIC-R shall have until 5/20/2014, to confirm dismissal of the bankruptcy case and its intent to proceed against the Woodrum Defendant. IT IS FURTHER ORDERED that a Status Conference is set for 6/10/2014 08:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 05/07/2014. (Copies have been distributed pursuant to the NEF - AC)

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Plaintiff,

FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER
FOR IRWIN UNION BANK AND
TRUST COMPANY,

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JOINT STATUS REPORT

Case No. 2:11-cv-01283-JAD-PAL

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Attorneys for Plaintiff Federal Deposit
Insurance Corporation, as Receiver for
Irwin Union Bank and Trust Company

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Defendants.

RED HOT CORNER, LLC, a Nevada
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Limited Liability Company;
RICHARD M. TAVANO, an
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WOODRUM, an individual, JOHN
G. WOODRUM, an individual,
JOSEPH A. KENNEDY, TRUSTEE
OF THE KENNEDY FAMILY
TRUST, a Nevada Trust, and JOHN
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C. WOODRUM and ELLEN M.
WOODRUM, TRUSTEES OF THE
WOODRUM FAMILY TRUST
DATED 9/19/1999, a Nevada Trust,
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Joint Report on Settlement

pursuant to the Court’s March 27, 2014 minute order (#134).
A.

As discussed at the March 25, 2014 scheduling conference, the

parties have settled their claims and counterclaims in this case, subject to

the nature of this case, the FDIC-R’s approval process requires several

final administrative approval from the relevant FDIC-R authority. Due to

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levels of internal review. The case has now advanced to the final level of

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1 that review process, and the FDIC-R’s attorneys have been advised to

receive that decision, the parties will immediately proceed with finalizing

expect a final committee decision this week Once the FDIC-R’s attorneys

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their agreement and executing the necessary papers to dismiss their claims.

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The FDIC-R’s Report Concerning the Woodrum Defendants

At the March 25, 2014 scheduling conference, the Court asked

led; see also John Woodrum Suggestion of Death (#130) (filed Jan. 17, 2014).

See Notice of Ch. 13 Bankr. Case (filed Dec. 31, 2013), Case No. 13-20691-

“Woodrum Defendants”), who filed for bankruptcy on December 31, 2013.

of the Woodrum Family Trust dated 9/19/1999 (collectively, the

against John Woodrum and Ellen Woodrum, individually and as trustees

the FDIC-R to submit this report concerning how it intends to proceed

B.

They respectfully request an additional 20 days to complete that process.

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Although the FDIC-R had intended to pursue its claim against

the Woodrum Defendants in the bankruptcy proceeding, the bankruptcy

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The FDIC-R respectfully requests an additional 20 days to confirm

dismissal of the bankruptcy case, and its intent to resume prosecution of its

IT IS FURTHER ORDERED that a status hearing is scheduled for June 10, 2014, at
8:45 a.m., in Courtroom 3B.

EGLET WALL CHRISTIANSEN

Attorneys for Defendants
Red Hot Corner, LLC; Richard M.
Tavano; Joseph A. Kennedy;
Joseph Kennedy, as the Trustee of
the Kennedy Family Trust

By: /s/ Jeffrey A. Bendavid
Jeffrey A. Bendavid, No. 6220
630 5. Fourth St., Suite 400
Las Vegas, Nevada 89101

MORAN LAW FIRM, LLC

claims against the Woodrum Defendants in this case.
MORRIS LAW GROUP
By: /s/ Raleigh Thompson
Robert McCoy, No. 9121
Raleigh Thompson, No. 11296
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff Federal
Deposit Insurance Corporation, as
Receiver for Irwin Union Bank
and Trust Company

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Peggy A. Leen
United States Magistrate Judge

Attorneys for Defendant
Richard M. Tavano

By: /s/ Peter S. Christiansen
Peter S. Christiansen, No. 1656
400 South 4th Street, Suite 600
Las Vegas, Nevada 89101

Dated this 7th day of May, 2014.

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IT IS ORDERED that the FDIC-R shall have until May 20, 2014, to confirm dismissal
of the bankruptcy case and its intent to proceed against the Woodrum Defendants.