Kyle Entity Holdings, LLC v. NW Valley Holdings, LLC et al

Filing 13

ORDER Granting 12 Stipulation for Extension of Time to File Appellate Briefs. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 1/2/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 GARMAN TURNER GORDON, LLP GREGORY E. GARMAN, ESQ. Nevada Bar No. 6654 E-mail: ggarman@gtg.legal TALITHA GRAY KOZLOWSKI, ESQ. Nevada Bar No. 9040 E-mail: tgray@gtg.legal MARK M. WEISENMILLER, ESQ. Nevada Bar No. 12128 E-mail: mweisenmiller@gtg.legal 650 White Drive, Ste. 100 Las Vegas, Nevada 89119 Telephone: 725-777-3000 Attorneys for Appellant Kyle Entity Holdings, LLC SHAW FISHMAN GLANTZ & TOWBIN LLC PETER J. ROBERTS, ESQ. Illinois Bar No. 6239025 Email: proberts@shawfishman.com 321 North Clark Street, Ste. 800 Chicago, IL 60654 Telephone: 312-276-1322 LAW OFFICE OF BRIAN D. SHAPIRO, LLC BRIAN D SHAPIRO, ESQ. Nevada Bar No. 5772 Email: brian@brianshapirolaw.com 411 E. Bonneville Ave.; Ste. 300 Las Vegas, NV 89101 Telephone: 702-386-8600 9 Attorneys for Appellee US Bank National Association as the Plan Administrator for the KHI Post-Consummation Trust and the Liquidation Trust Administrator for the KHI Liquidation Trust 10 11 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 In re: 15 NW VALLEY HOLDINGS LLC, Case No. 2:16-cv-00168-RFB Debtor. 16 17 KYLE ENTITY HOLDINGS, LLC Appeal from Case No. BK-S-15-10116-abl 18 Appellant, v. 19 20 21 22 23 U.S. BANK NATIONAL ASSOCIATION AS THE PLAN ADMINISTRATOR FOR THE KHI POST−CONSUMMATION TRUST AND THE LIQUIDATION TRUST ADMINISTRATOR FOR KHI LIQUIDATION TRUST, Appellee. 24 25 STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE APPELLATE BRIEFS [FOURTH EXTENSION REQUESTED] 26 Kyle Entity Holdings, LLC (“KEH”), by and through its counsel, the law firm of Garman 27 Turner Gordon, LLP, and U.S. Bank National Association as the Plan Administrator for the KHI 28 1 Post-Consummation Trust and the Liquidation Trust Administrator for the KHI Liquidation 2 Trust (collectively, the “Kimball Hill Trusts,” and together with KEH, the “Parties”), by and 3 though their counsel, Shaw Fishman Glantz & Towbin, LLC and the Law Office of Brian D. 4 Shapiro, LLC, hereby stipulate as follows: 1. 5 On January 25, 2016, KEH filed its Notice of Appeal [ECF No. 271 in BK-S-15- 6 10116-abl] to the Order on Objection to Claim [ECF No. 169 in BK-S-15-10116-abl] entered by 7 the United States Bankruptcy Court for the District of Nevada (the “Bankruptcy Court”) on 8 August 5, 2015, and the Order on Motion to Amend or Set Aside Order on Objection to Claim 9 [ECF No. 257 in BK-S-15-10116-abl] entered by the Bankruptcy Court on January 11, 2016, 10 thereby commencing the above-captioned appeal (the “Appeal”). 2. 11 On January 25, 2016, KEH also filed its Notice of Election to Have Appeal Heard 12 by the United States District Court Pursuant to 28 U.S.C. § 158(c)(1)(A) [ECF No. 273 in BK-S- 13 15-10116-abl]. 3. 14 This Court entered a Minute Order in Chambers [ECF No. 5] on April 12, 2016, 15 which provided that KEH is required to file its opening brief on or before April 29, 2016, the 16 Kimball Hill Trusts are required to file their answering brief on or before May 16, 2016, and 17 KEH is required to file its reply brief on or before June 2, 2016 (collectively, the “Briefing 18 Deadlines”).1 4. 19 On April 27, 2016, the Court entered the Stipulation and Order for Extension of 20 Time to File Appellate Briefs [ECF No. 7] extending the briefing schedule 60 days in which 21 KEH is required to file its opening brief on or before June 28, 2016, the Kimball Hill Trusts are 22 required to file their answering brief on or before July 15, 2016, and KEH is required to file its 23 reply brief on or before August 1, 2016. 5. 24 On June 23, 2016, the Court entered the Stipulation and Order for Extension of 25 Time to File Appellate Briefs [ECF No. 9] extending the briefing schedule 90 days in which 26 KEH is required to file its opening brief on or before September 26, 2016, the Kimball Hill 27 28 1 The debtor, NW Valley Holdings LLC, is not a party to the Appeal. 2 1 Trusts are required to file their answering brief on or before October 26, 2016, and KEH is 2 required to file its reply brief on or before November 9, 2016. 3 6. On September 26, 2016, the Court entered the Stipulation and Order for 4 Extension of Time to File Appellate Briefs [ECF No. 11] extending the briefing schedule 90 days 5 in which KEH is required to file its opening brief on or before December 26, 2016, the Kimball 6 Hill Trusts are required to file their answering brief on or before January 25, 2017, and KEH is 7 required to file its reply brief on or before February 8, 2017. 8 9 10 7. The Parties are engaged in settlement discussions and have met and conferred and, subject to approval by this Court, have agreed to a 90-day extension of the Briefing Deadlines to provide the Parties additional time to seek to resolve the Appeal consensually. 11 8. This is the fourth requested extension. 12 9. The Parties make this request in good faith and not for the purposes of delay. 13 DATED this 15th day of December, 2016. 14 GARMAN TURNER GORDON, LLP 15 16 17 18 19 20 /s/ Mark M. Weisenmiller GREGORY E. GARMAN, ESQ. TALITHA GRAY KOZLOWSKI, ESQ. MARK M. WEISENMILLER, ESQ. 650 White Drive, Ste. 100 Las Vegas, Nevada 89119 Attorneys for Kyle Entity Holdings LLC /s/ Brian D. Shapiro SHAW FISHMAN GLANTZ & TOWBIN LLC PETER J. ROBERTS, ESQ. 321 North Clark Street, Ste. 800 Chicago, IL 60654 LAW OFFICE OF BRIAN D. SHAPIRO, LLC BRIAN D SHAPIRO, ESQ. 411 E. Bonneville Ave.; Ste. 300 Las Vegas, NV 89101 21 22 Attorneys for Appellee US Bank National Association as the Plan Administrator for the KHI Post-Consummation Trust and the Liquidation Trust Administrator for the KHI Liquidation Trust 23 24 25 26 27 28 3 1 IT IS SO ORDERED. 2 3 1/2/17. Dated: ________________ 4 5 _________________________________________ U.S. DISTRICT COURT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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