Branch Banking and Trust Company v. R & S St. Rose, LLC

Filing 63

ORDER Denying 57 Appellee R&S St. Rose, LLC's Motion to Dismiss. Signed by Judge Lloyd D. George on 3/18/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re:

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R&S St. Rose, LLC.

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Debtor.

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Consolidated Cases:
BRANCH BANKING AND TRUST
COMPANY, SUCCESSOR IN
INTEREST TO FDIC AS RECEIVER
FOR COLONIAL BANK, N.A., et al.,

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Case No. 2:12-cv-01615-LDG (GWF)
Case No. 2:12-cv-01617-LDG (GWF)
Case No. 2:12-cv-01647-LDG (GWF)
Case No. 2:12-cv-01667-LDG (GWF)

Appellants,

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v.

Bankruptcy Case No. 11-14974-MKN
Chapter 11

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R&S ST. ROSE, LLC, et al.,

Bankruptcy Case No. 11-14973-MKN
Chapter 11

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Defendants.
Appeal Ref. No. 12-39
Appeal Ref. No. 12-40
Appeal Ref. No. 12-43
Appeal Ref. No. 12-44

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ORDER DENYING MOTION TO DISMISS APPEAL
Appellee R&S St. Rose, LLC, moves to dismiss (#57) the appeal of the Bankruptcy

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Court Order that denied Appellants motion for substantive consolidation of bankruptcy

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estates of R&S St. Rose, LLC and R&S St. Rose Lenders, LLC. Appellants Branch

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Banking and Trust Company and Commonwealth Land Title Insurance Company oppose

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the motion (## 58, 59).

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The appellee argues that because the Nevada Supreme Court affirmed the state

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district court ’s order, this matter is moot. As argued by the appellants, however, the issue

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raised on appeal concerns whether the bankruptcy court erred in considering the state

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district court’s order because that state court order was not relevant to the issues

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presented in the motion before the bankruptcy court. Regardless of whether the Nevada

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Supreme Court affirmed the state district court, the issue remains before this Court whether

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the bankruptcy court erred in relying on that state district court order. Accordingly,

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THE COURT ORDERS that Appellee R&S St. Rose, LLC’s Motion to Dismiss (#57)
the appeal is DENIED.

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DATED this ______ day of March, 2014.

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Lloyd D. George
United States District Judge

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