Borton v. Interstate Acquisitions, LLC et al

Filing 51

ORDER that all case deadlines will continue to be held in abeyance and the parties will file an updated Status Report with the Court on or before 04/05/2013. Signed by Judge Miranda M. Du on 03/06/2013. (Copies have been distributed pursuant to the NEF - AC)

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ROGER L. GRANDGENETT II, ESQ., Bar # 6323
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
DANIEL L. THIEME, ESQ., Bar # 12855
Pro Hac Vice
RACHELLE L. WILLS, ESQ., Bar # 34237
Pro Hac Vice
LITTLER MENDELSON, P.C.
600 University Street, Suite 3200
Seattle, WA 98101-3122
Telephone:
206.623.3300
Fax No.:
206.447.6965
Attorneys for Defendants
PIPEWRENCH II, INC., G2 PARTNERS, LLC (f/k/a G2 Capital
Advisors, LLC), and SANKATY ADVISORS, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVE BORTON, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.

Case No. 2:11-CV-1580 MMD-RJJ
JOINT STATUS REPORT

INTERSTATE ACQUISITIONS, LLC, a
Delaware limited liability company;
INTERSTATE PLUMBING & AIR
CONDITIONING, LLC, a Nevada limited
liability company; PIPEWRENCH II,
INC., a Delaware Corporation; G-2
CAPITAL ADVISORS, business entity
form unknown; SANKATY ADVISORS,
LLC, a Delaware limited liability
company; and DOES 1-100, inclusive
Defendants.

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The parties file this Joint Status Report, as previously directed by the Court.

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As the parties previously advised the Court, the parties have finalized and fully

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

JOINT STATUS REPORT

Firmwide:118820956.1 062858.1007

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executed a settlement agreement that, subject to court approval, resolves both (a) the issues in this

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case and (b) the issues in Plaintiff’s Adversary Action in the United States Bankruptcy Court,

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District of Nevada, against the Debtor Defendants Interstate Plumbing & Air Conditioning, LLC and

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Interstate Acquisitions, LLC.

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The parties are working cooperatively to prepare appropriate motion papers to obtain

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approval of the settlement pursuant to FRCP 23 and the bankruptcy court rules. As part of that

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process, Plaintiff on February 5, 2013, lodged with the United States Bankruptcy Court, District of

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Nevada, her Unopposed Motion for Withdrawal of the Reference. That Motion was transferred to

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this Court for decision on February 28th, 2013. The Motion seeks withdrawal of the reference from

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the bankruptcy court of the issues related to the court approval of this settlement, so that all aspects

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of the settlement may be reviewed at one time by this Court.

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Assuming this Court approves the withdrawal of the bankruptcy reference, the parties
intend to file appropriate settlement approval motions with this Court promptly thereafter.

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The parties therefore request the Court enter the attached Proposed Order, to continue

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to hold all deadlines in abeyance and order the parties to file an updated Status Report with the Court

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on or before April 5, 2013.

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Dated: March 6, 2013

Dated: March 6, 2013

s/James A. Mangione
JAMES A. MANGIONE, ESQ.
Pro Hac Vice
WINGERT GREBING BRUBAKER &
GOODWIN LLP

s/Daniel L. Thieme
DANIEL L. THIEME, ESQ.
Pro Hac Vice
LITTLER MENDELSON, P.C.

s/Jay Kenyon
JAY KENYON, ESQ.
YAN KENYON

RACHELLE L. WILLS, ESQ.
Pro Hac Vice

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Attorneys for Plaintiff
EVE BORTON

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ROGER L. GRANDGENETT II, ESQ.

Attorneys for Defendants
PIPEWRENCH II, INC., G-2 PARTNERS, LLC
(f/k/a G2 Capital Advisors, LLC) and SANKATY
ADVISORS, LLC

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

JOINT STATUS REPORT

Firmwide:118820956.1 062858.1007

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CERTIFICATE OF SERVICE

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I am a resident of the State of Washington, over the age of eighteen years, and not a party to

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the within action. My business address is One Union Square, 600 University Street, Suite 3200,

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Seattle, Washington 98101.3122. On March 6, 2013, I served the within document:
JOINT STATUS REPORT

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

By CM/ECF Filing – Pursuant to FRCP 5(b)(3) and LR 5-4, the above-referenced
document was electronically filed and served upon the parties listed below through the
Court's Case Management and Electronic Case Filing (CM/ECF) system:

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Jay A. Kenyon, NV #6376
Yan Kenyon
7881 West Charleston
Suite 165
Las Vegas, NV 89117
Phone:
702.888.0000
Fax:
702.888.0011

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Attorneys for Plaintiff

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Stephen C. Grebing
[e-mail]
James A. Mangione, Pro Hac Vice
[e-mail]
Wingert Grebing Brubaker & Juskie LLP
One America Plaza
600 West Broadway, Suite 1200
San Diego, CA 92101
Phone:
619.232.8151
Fax:
619.232.4665
Attorneys for Plaintiff

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on March 6, 2013, at Seattle, Washington.

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s/Sally Swearinger
Sally Swearinger
[e-mail]
LITTLER MENDELSON, P.C.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

JOINT STATUS REPORT

Firmwide:118820956.1 062858.1007

3.

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ROGER L. GRANDGENETT II, ESQ., Bar # 6323
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
DANIEL L. THIEME, ESQ., WSBA Bar # 12855
RACHELLE L. WILLS, ESQ., WSBA Bar # 34237
LITTLER MENDELSON, P.C.
One Union Square
600 University St., Suite 3200
Seattle, WA 98101-3122
Telephone: [phone]
Fax No.
206.447.6965
Admitted Pro Hac Vice
Attorneys for Defendants
PIPEWRENCH II, INC., G-2 PARTNERS, LLC (f/k/a G2 Capital
Advisors, LLC) and SANKATY ADVISORS, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVE BORTON, Individually and on
Behalf of all Others Similarly Situated,
Plaintiff,

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vs.

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INTERSTATE ACQUISITIONS, LLC, a
Delaware limited liability company;
INTERSTATE PLUMBING & AIR
CONDITIONING, LLC, a Nevada limited
liability company; PIPEWRENCH II,
INC., a Delaware Corporation; G-2
CAPITAL ADVISORS, LLC, a Delaware
limited liability company; SANKATY
ADVISORS, LLC, a Delaware limited
liability company; and DOES 1-100,
inclusive,

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Case No. Case No. 2:11-cv-01580-JCM-RJJ

[PROPOSED] ORDER TO CONTINUE TO
HOLD CASE DEADLINES IN ABEYANCE
AND TO FILE UPDATED STATUS
REPORT ON APRIL 5, 2013

Defendants.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

[PROPOSED] ORDER

Firmwide:117188936.1 062858.1007

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It is hereby ordered that all case deadlines will continue to be held in abeyance and the
parties will file an updated Status Report with the Court on or before April 5, 2013.

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IT IS SO ORDERED.

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Dated this

6th

day of

March

, 2013.

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UNITED STATES DISTRICT/MAGISTRATE
JUDGE

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

[PROPOSED] ORDER

Firmwide:117188936.1 062858.1007

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Case 2:11-cv-01580-MMD-NJK Document 50-1

Filed 03/06/13 Page 3 of 3

CERTIFICATE OF SERVICE

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I am a resident of the State of Washington, over the age of eighteen years, and not a

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party to the within action. My business address is One Union Square, 600 University Street, Suite

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3200, Seattle, Washington 98101.3122. On March 6, 2013, I served the within document:

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[PROPOSED] ORDER TO CONTINUE TO HOLD CASE DEADLINES IN

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ABEYANCE AND TO FILE UPDATED STATUS REPORT ON APRIL 5, 2013

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

By CM/ECF Filing – Pursuant to FRCP 5(b)(3) and LR 5-4, the above-referenced
document was electronically filed and served upon the parties listed below through the
Court's Case Management and Electronic Case Filing (CM/ECF) system:

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Jay A. Kenyon, NV #6376
Yan Kenyon
7881 West Charleston
Suite 165
Las Vegas, NV 89117
Phone:
702.888.0000
Fax:
702.888.0011

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Attorneys for Plaintiff

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Stephen C. Grebing
[e-mail]
James A. Mangione, Pro Hac Vice
[e-mail]
Wingert Grebing Brubaker & Juskie LLP
600 West Broadway, 7th Floor
San Diego, CA 92101
Phone:
619.232.8151
Fax:
619.232.4665
Attorneys for Plaintiff

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I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 6, 2013, at Seattle, Washington.

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s/Sally Swearinger
Sally Swearinger
[e-mail]
LITTLER MENDELSON, P.C.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
One Union Square
600 Univ ersity Street, Suite 3200
Seattle, WA 98101.3122
206.623.3300

[PROPOSED] ORDER

Firmwide:117188936.1 062858.1007

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