KJH & RDA Investor Group, LLC v. Turnberry/MGM Grand Towers, LLC

Filing 10

ORDER. In light of the parties' progress on settlement as reflected in this stipulation, 8 the briefing schedule is VACATED. The parties shall appear for a STATUS CHECK on 2/6/17 at 11:00 a.m. in Courtroom 6D of the Lloyd D. George U. S. Cour thouse, 333 Las Vegas, Blvd. So. If settlement is completed before that time, the stipulation and order to dismiss should include the language the Clerk of Court is instructed to vacate all hearings and close this case. Signed by Judge Jennifer A. Dorsey on 12/6/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01863-JAD Document 9 Filed 12/05/16 Page 1 of 4

1 THOMAS H. FELL, ESQ.
NV Bar No. 003717
2 FENNEMORE CRAIG, P.C.
300 S. Fourth Street, Suite 1400
3 Las Vegas, Nevada 89101
Telephone: [phone]
4 Facsimile: [phone]
5 NORMAN BLUMENTHAL, ESQ.
California State Bar #068687
6 BLUMENTHAL NORDREHAUG & BHOWMIK
2255 Calle Clara
7 La Jolla, California 92037
Telephone: [phone]
8 Facsimile: [phone]
9 ROBERT B. GERARD, ESQ.
NV Bar No. 5323
10 GERARD & ASSOCIATES
2840 S. Jones Blvd., Bldg. D, Ste. 4
11 Las Vegas, Nevada 89146
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Appellants
14

UNITED STATES DISTRICT COURT

15

DISTRICT OF NEVADA

16 In re:

Case No.: 2:16-cv-01863-JAD

17 TURNBERRY/MGM GRAND TOWERS,
LLC
18
Affects this Debtor.
19
In re:
20
TURNBERRY/MGM GRAND TOWER B,
21 LLC,

Bankruptcy Case No.: 15-13706-abl

§

Chapter 11
Jointly Administered with:
Case No.: 15-13708-abl TURNBERRY/MGM
GRAND TOWER B, LLC

22 ÿ Affects this Debtor.

Case No.: 15-13709-abl TURNBERRY/MGM
GRAND TOWER C, LLC

23

Adv. Proc. No. 15-01123-abl

24 TURNBERRY/MGM GRAND TOWER C,
LLC,
25
ÿ Affects this Debtor.
26
ÿ Affects All Debtors
27

STIPULATION AND PROPOSED ORDER
TO VACATE CURRENT BRIEFING
DEADLINES
(Second Request)

28
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Case 2:16-cv-01863-JAD Document 9 Filed 12/05/16 Page 2 of 4

1
2 KJH & RDA INVESTOR GROUP, LLC, et al.
3

Appellants,

4 vs.
5 TURNBERRY/MGM GRAND TOWERS,
LLC,
6
Appellee.
7
8

Appellants KJH & RDA Investor Group, LLC et al. (“Appellants”), by and through their

9 counsel, Fennemore Craig, P.C., Blumenthal Nordrehaug & Bhowmik and Gerard & Associates,
10
11

and Appellee Turnberry/MGM Grand Towers, LLC (“Appellee”, and together with the
Appellants, the “Parties”), by and through their counsel, the law firm of Garman Turner Gordon

12
13
14

LLP, hereby stipulate and agree as follows:
WHEREAS, on September 22, 2016, the Appellants, Appellee and other related parties

15 entered into a Mediation Agreement to settle all claims related to this litigation, including the
16 instant Appeal, which Agreement contemplates the execution of a Settlement Agreement and
17 Release by each of the Appellants.
18

WHEREAS, on September 28, 2016, the Parties entered into a Stipulation and Proposed

19
Order to Vacate Current Briefing Deadlines (ECF No. 7), which was approved by the Court on the
20
21
22

same date (ECF No. 8).
WHEREAS, the current deadline for Appellants to file their Opening Brief is December

23 14, 2016, the deadline for Appellee to file an Answering Brief is January 13, 2017, and the
24 deadline for Appellants to file a Reply Brief is January 27, 2017 (the “Briefing Schedule”).
25
26

WHEREAS, progress toward finalizing the settlement thus far has been successful and
satisfactory to the Parties. Given the close proximity of the current Briefing Schedule regarding

27
28

the Appeal, however, the Parties have agreed to continue the briefing deadlines an additional 90
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Case 2:16-cv-01863-JAD Document 9 Filed 12/05/16 Page 3 of 4

1 days to allow additional time for the settlement to be effectuated. This is the second stipulation
2 for an extension of time regarding the Briefing Schedule.
3
4

NOW, THEREFORE, the Parties hereby stipulate and agree as follows:
1.

The current Briefing Schedule shall be vacated to allow the Parties sufficient time

5
6
7

to finalize the Settlement.
2.

The new briefing schedule, if necessary, is as follows: The deadline for Appellants

8 to file their Opening Brief is March 13, 2017, the deadline for Appellee to file an Answering
9 Brief is April 12, 2017, and the deadline for Appellants to file a Reply Brief is April 26, 2017.
10

DATED this 5th day of December, 2016.

11
12 PREPARED AND SUBMITTED:
GERARD & ASSOCIATES
13

APPROVED:
GARMAN TURNER GORDON LLP

.
14 By: /s/ Robert B. Gerard
ROBERT B. GERARD, ESQ.
15 NV Bar No. 5323
GERARD & ASSOCIATES
16 2840 S. Jones Blvd., Bldg. D, Ste. 4
Las Vegas, Nevada 89146
17 Tel. [phone]
Fax [phone]
18
THOMAS H. FELL, ESQ.
19 NV Bar No. 003717
FENNEMORE CRAIG, P.C.
20 300 S. Fourth Street, Suite 1400
Las Vegas, Nevada 89101
21 Telephone: [phone]
Facsimile: [phone]
22
NORMAN BLUMENTHAL, ESQ.
23 California State Bar #068687
BLUMENTHAL NORDREHAUG
24 2255 Calle Clara
La Jolla, California 92037
25 Telephone: [phone]
Facsimile: [phone]
26
Attorneys for Appellants
27
//
28

By: /s/ Talitha G. Kozlowski
.
GREGORY E. GARMAN, ESQ.
TALITHA GRAY KOZLOWSKI, ESQ.
GABRIELLE A. HAMM, ESQ.
650 White Drive, Suite 100
Las Vegas, Nevada 89119
Attorneys for Appellee
ORDER
In light of the parties’ progress on settlement as
reflected in this stipulation, the briefing schedule
[ECF No. 8] is VACATED. The parties shall appear
for a STATUS CHECK on 2/6/17 at 11:00 a.m. in
Courtroom 6D of the Lloyd D. George U. S.
Courthouse, 333 Las Vegas, Blvd. So. If settlement
is completed before that time, the stipulation and
order to dismiss should include the language “the
Clerk of Court is instructed to vacate all hearings and
close this case.”
_________________________________
Jennifer Dorsey, U.S. District Judge
December 6, 2016
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