Bistro Central, LV LLC v. Unite Here Health

Filing 8

ORDER Granting 7 Stipulation Withdrawing 1 Motion to Withdraw. Signed by Judge James C. Mahan on 3/27/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01904-JCM-GWF Document 7 Filed 03/24/15 Page 1 of 3

1
2
3
4
5
6

Samuel A. Schwartz, Esq.
Nevada Bar No. 10985
Bryan A. Lindsey, Esq.
Nevada Bar No. 10662
The Schwartz Law Firm, Inc.
6623 Las Vegas Blvd. South, Suite 300
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
Attorneys for the Debtor/Plaintiff

7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10

In re:
Bistro Central, LV LLC,

11

Debtor.
12
13

_____________________________________
Bistro Central, LV LLC,

14

Plaintiff,

15

v.
16
17

Unite Here Health, by and through its
fiduciary, Matthew Walker,

18

Defendant.

19

_____________________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:14-cv-01904-JCM-GWF
Bankruptcy Case No. 14-14931-ABL
Chapter 11

Adversary Case No.: 14-01145-ABL

20

STIPULATION AND ORDER WITHDRAWING
MOTION TO WITHDRAW THE REFERENCE

21
22

Bistro Central, LV LLC, (the “Debtor” or “Plaintiff”) and Unite Here Health
23
24

(“UHH” or “Defendant”), by and through their undersigned attorneys of record, hereby

25

stipulate and agree to withdraw Defendant’s Motion to Withdraw the Reference (the

26

“Motion”).

27
28

Page 1 of 3

Case 2:14-cv-01904-JCM-GWF Document 7 Filed 03/24/15 Page 2 of 3

WHEREAS, on July 17, 2014, the Plaintiff filed a voluntary petition for relief under

1
2

Chapter 11 of the United States Bankruptcy Code before the United States Bankruptcy Court

3

for the District of Nevada (the “Bankruptcy Court”), Case No. 14-14931-ABL (the

4

“Bankruptcy Case”);

5

WHEREAS, on September 26, 2014, the Plaintiff initiated that certain adversary
6
7
8

complaint against the Defendant, Adversary Proceeding No. 14-01145-ABL (the “Adversary
Proceeding”);

9
10

WHEREAS, on October 27, 2014, the Defendant filed its Motion seeking relief before
this Court pertaining to the Adversary Proceeding;

11

WHEREAS, on January 27, 2015, the Bankruptcy Court confirmed the Debtor’s
12
13

Chapter 11 Liquidating Plan (the “Plan”), which, among other things, resolved the Adversary

14

Proceeding;

15

WHEREAS, on February 18, 2015, the Bankruptcy Court entered an order confirming

16

the Debtor’s Plan; and
17

WHEREAS, as the Debtor’s Plan is now confirmed and the Adversary Proceeding

18
19

resolved, the Motion is now moot. Accordingly, the parties desire to withdraw the Motion,

20

which in turn, will allow the Bankruptcy Court to enter an order dismissing the Adversary

21

Proceeding as agreed upon by the parties pursuant to the Plan.

22

NOW, THEREFORE, the Plaintiff and Defendant hereby stipulate and agree to the
23
24

following, and concurrently seek this Court’s approval of the same.

25

///

26

///

27

///

28

Page 2 of 3

Case 2:14-cv-01904-JCM-GWF Document 7 Filed 03/24/15 Page 3 of 3

1

IT IS HEREBY STIPULATED AND AGREED that the Motion is hereby withdrawn.

2
3
4
5
6
7
8
9

Date: March 24, 2015

Date: March 24, 2015

/s/ Bryan A. Lindsey
Samuel A. Schwartz, Esq.
Nevada Bar No. 10985
Bryan A. Lindsey, Esq.
Nevada Bar No. 10662
The Schwartz Law Firm, Inc.
6623 Las Vegas Blvd. South, Suite 300
Las Vegas, Nevada 89119
Attorneys for the Debtor/Plaintiff

/s/ Daryl E. Martin
Daryl E. Martin, Esq.
Nevada Bar No. 6735
Wesley J. Smith, Esq.
Nevada Bar No. 11871
Christensen James & Martin
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Attorneys for the Defendant

10
11

Submitted by:
12
13
14
15

The Schwartz Law Firm, Inc.
By /s/ Samuel A. Schwartz
SAMUEL A. SCHWARTZ, ESQ. #10985
Attorneys for the Debtor/Plaintiff

16
17
18

IT IS SO ORDERED:

19
20

UNITED STATES DISTRICT JUDGE

21
22

DATED:

23
24
25
26
27
28

Page 3 of 3

March 27, 2015