Blackwelder v. Thornton et al

Filing 85

ORDER. IT IS ORDERED that the parties shall have until 10/24/18 to file a stipulation to dismiss with prejudice. Signed by Magistrate Judge Peggy A. Leen on 8/27/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-02373-JAD-PAL Document 84 Filed 08/24/18 Page 1 of 152

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Steven J. Parsons
Nevada Bar No. 363
LAW OFFICES OF STEVEN J. PARSONS
10091 Park Run Dr Ste 200
Las Vegas, NV 89145-8868
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiffs
DONALD L. BLACKWELDER,
individually and derivatively
on behalf of THORNTON-TERMOHLEN
GROUP CORPORATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DONALD L. BLACKWELDER, individually and
derivatively
on
behalf
of
GROUP
11 T H O R N T O N - T E R M O H L E N
CORPORATION, a Nevada corporation,
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Case No. 2:15-cv-02373-JAD-(PAL)
PLAINTIFF DONALD L. BLACKWELDER’S
STATUS REPORT

Plaintiff,
vs.
CHARLES THORNTON, individually; BRIAN
HOWELLS, individually; and AECOS, LTD., a
Nevada corporation,
Defendants.
AND ALL RELATED ACTIONS

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/
/

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Plaintiff DONALD L. BLACKWELDER, an individual, and derivatively on behalf of

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THORNTON-TERMOHLEN GROUP CORPORATION, a Nevada corp., by his attorney Steven J.

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Parsons of LAW OFFICES OF STEVEN J. PARSONS, hereby provides the Court a status report.

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Dated: August 24, 2018.

LAW OFFICES OF STEVEN J. PARSONS
/s/ Steven J. Parsons
STEVEN J. PARSONS
Nevada Bar No. 363
Attorneys for Plaintiff
DONALD L. BLACKWELDER, individually and
derivatively on behalf of THORNTON-TERMOHLEN
GROUP CORPORATION, a Nevada corporation

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10091 Park Run Drive Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

Case 2:15-cv-02373-JAD-PAL Document 84 Filed 08/24/18 Page 2 of 152

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PROOF OF SERVICE

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I hereby certify that service of this Status Report was made upon all parties’ counsel,

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by e-filing with the Court’s e-filing system, duly noting that counsel is deemed to have

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consented to be served in that manner, and upon all parties’ counsel, the receiver and Mr.

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Howells, in pro per, by email directed to each persons’ last known email address, as shown.

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Counsel for Defendant Thornton:

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Nicholas M. Wieczorek
Jeremy Thompson
CLARK HILL, LLP
[e-mail]
[e-mail]

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Receiver for Aecos, Ltd.:

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Adam Derman
[e-mail]

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Defendant Howells:
Brian Howells, in pro per
[e-mail]
Dated: Friday, August 24, 2018.

/s/ Candice Benson
An employee of LAW OFFICES OF STEVEN J. PARSONS

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10091 Park Run Drive Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

Case 2:15-cv-02373-JAD-PAL Document 84 Filed 08/24/18 Page 3 of 152

STATUS REPORT

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Pursuant to its Order dated August 22, 2018 (“DOC 83”), the Court gave the parties

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up through August 31, 2018, to file a Stipulation for Dismissal with Prejudice of the action.

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The issues as between Plaintiff Donald Blackwelder and Defendant Charles Thornton

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have, for a period of several months, been settled and concluded. As indicated in counsel’s

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prior status reports to the court (“DOCS 79 and 82”), Mr. Thornton has transferred

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consideration for the settlement between himself and Plaintiff Donald Blackwelder, provided

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compliance with other terms of the settlement agreement, and has been awaiting receipt of

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a Stipulation for Dismissal of the action as to him.

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Moreover, claims in this action as between Mr. Blackwelder, Mr. Thornton and

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Co-Defendants AECOS, Limited, and Brian Howells have been settled, contingent only upon

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approval of the New Jersey Superior Court. A motion to approve the settlement has been

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filed, but the New Jersey Superior Court has not ruled on the motion. A copy of the motion

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is attached hereto and incorporated herein as Exhibit “1”.

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As previously reported to the court, New Jersey counsel understood that the New Jersey

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Superior Court intended to rule on the pending motion to approve the settlement of the

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remaining claims against AECOS by August 10, 2018. But as of the date of this status report,

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no ruling has issued. The New Jersey Superior Court did enter a ruling that denied a motion

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that counsel for Brian Howells, Leonard Neuhaus, and others, had filed, challenging the

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proposed settlement.

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incorporated herein as Exhibit “2”. This ruling certainly makes approval of the settlement more

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likely. However, we unfortunately cannot give any assurances as to when the New Jersey

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Superior Court will rule on the proposed settlement. But we do believe that a ruling is

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imminent.

A copy of the August 13, 2018 Ruling is attached hereto and

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Because dismissal of this action may compromise the impending settlement with

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Defendant Aecos’s receiver, Plaintiff Donald L. Blackwelder, individually, and derivatively on

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behalf of Thornton-Termohlen Group Corporation, hereby respectfully requests that the Court

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10091 Park Run Drive Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

Case 2:15-cv-02373-JAD-PAL Document 84 Filed 08/24/18 Page 4 of 152

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modify its order contained within its most recent Order (“DOC 83”), and extend the time within

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which the parties must file a Stipulation for Dismissal of the action with Prejudice up through

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and including October 31, 2018, to allow full resolution of all matters pertaining to this case.

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While Plaintiff hopes that approval from the New Jersey Superior Court will come much

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sooner, Plaintiff asks for sixty (60) additional days to increase the likelihood that Plaintiff will

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not have to seek any further extension from the court.

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Dated: Friday, August 24, 2018.
LAW OFFICES OF STEVEN J. PARSONS

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/s/ Steven J. Parsons
STEVEN J. PARSONS
Nevada Bar No. 363

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Attorneys for Plaintiffs
DONALD L. BLACKWELDER, individually and
derivatively on behalf of THORNTON-TERMOHLEN
GROUP CORPORATION, a Nevada corporation

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IT IS ORDERED that the parties shall have until October 24, 2018 to file a
stipulation to dismiss with prejudice.
Dated: August 27, 2018

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_________________________________
Peggy A. Leen
United States Magistrate Judge

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10091 Park Run Drive Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]