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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GARMAN TURNER GORDON, LLP
GREGORY E. GARMAN, ESQ.
Nevada Bar No. 6654
E-mail: [e-mail]
TALITHA GRAY KOZLOWSKI, ESQ.
Nevada Bar No. 9040
E-mail: [e-mail]
MARK M. WEISENMILLER, ESQ.
Nevada Bar No. 12128
E-mail: [e-mail]
650 White Drive, Ste. 100
Las Vegas, Nevada 89119
Telephone: [phone]
Attorneys for Appellant Kyle Entity Holdings,
LLC

SHAW FISHMAN GLANTZ
& TOWBIN LLC
PETER J. ROBERTS, ESQ.
Illinois Bar No. 6239025
Email: [e-mail]
321 North Clark Street, Ste. 800
Chicago, IL 60654
Telephone: [phone]
LAW OFFICE OF BRIAN D. SHAPIRO, LLC
BRIAN D SHAPIRO, ESQ.
Nevada Bar No. 5772
Email: [e-mail]
411 E. Bonneville Ave.; Ste. 300
Las Vegas, NV 89101
Telephone: [phone]

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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

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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In re:

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NW VALLEY HOLDINGS LLC,

Case No. 2:16-cv-00168-RFB
Debtor.

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KYLE ENTITY HOLDINGS, LLC
Appeal from Case No. BK-S-15-10116-abl

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Appellant,
v.

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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.

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STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE
APPELLATE BRIEFS [FOURTH EXTENSION REQUESTED]

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Kyle Entity Holdings, LLC (“KEH”), by and through its counsel, the law firm of Garman

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Turner Gordon, LLP, and U.S. Bank National Association as the Plan Administrator for the KHI

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Post-Consummation Trust and the Liquidation Trust Administrator for the KHI Liquidation

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Trust (collectively, the “Kimball Hill Trusts,” and together with KEH, the “Parties”), by and

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though their counsel, Shaw Fishman Glantz & Towbin, LLC and the Law Office of Brian D.

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Shapiro, LLC, hereby stipulate as follows:
1.

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On January 25, 2016, KEH filed its Notice of Appeal [ECF No. 271 in BK-S-15-

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10116-abl] to the Order on Objection to Claim [ECF No. 169 in BK-S-15-10116-abl] entered by

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the United States Bankruptcy Court for the District of Nevada (the “Bankruptcy Court”) on

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August 5, 2015, and the Order on Motion to Amend or Set Aside Order on Objection to Claim

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[ECF No. 257 in BK-S-15-10116-abl] entered by the Bankruptcy Court on January 11, 2016,

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thereby commencing the above-captioned appeal (the “Appeal”).
2.

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On January 25, 2016, KEH also filed its Notice of Election to Have Appeal Heard

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by the United States District Court Pursuant to 28 U.S.C. § 158(c)(1)(A) [ECF No. 273 in BK-S-

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15-10116-abl].
3.

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This Court entered a Minute Order in Chambers [ECF No. 5] on April 12, 2016,

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which provided that KEH is required to file its opening brief on or before April 29, 2016, the

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Kimball Hill Trusts are required to file their answering brief on or before May 16, 2016, and

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KEH is required to file its reply brief on or before June 2, 2016 (collectively, the “Briefing

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Deadlines”).1
4.

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On April 27, 2016, the Court entered the Stipulation and Order for Extension of

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Time to File Appellate Briefs [ECF No. 7] extending the briefing schedule 60 days in which

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KEH is required to file its opening brief on or before June 28, 2016, the Kimball Hill Trusts are

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required to file their answering brief on or before July 15, 2016, and KEH is required to file its

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reply brief on or before August 1, 2016.
5.

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On June 23, 2016, the Court entered the Stipulation and Order for Extension of

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Time to File Appellate Briefs [ECF No. 9] extending the briefing schedule 90 days in which

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KEH is required to file its opening brief on or before September 26, 2016, the Kimball Hill

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The debtor, NW Valley Holdings LLC, is not a party to the Appeal.

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Trusts are required to file their answering brief on or before October 26, 2016, and KEH is

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required to file its reply brief on or before November 9, 2016.

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On September 26, 2016, the Court entered the Stipulation and Order for

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Extension of Time to File Appellate Briefs [ECF No. 11] extending the briefing schedule 90 days

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in which KEH is required to file its opening brief on or before December 26, 2016, the Kimball

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Hill Trusts are required to file their answering brief on or before January 25, 2017, and KEH is

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required to file its reply brief on or before February 8, 2017.

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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.

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8.

This is the fourth requested extension.

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9.

The Parties make this request in good faith and not for the purposes of delay.

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DATED this 15th day of December, 2016.

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GARMAN TURNER GORDON, LLP
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/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

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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

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IT IS SO ORDERED.
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1/2/17.
Dated: ________________

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_________________________________________
U.S. DISTRICT COURT JUDGE

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