KHI Liquidation Trust v. Southern Vegas Valley Contracting LLC

Filing 11

ORDER Granting 10 Stipulation to Continue Hearing re 6 MOTION to Vacate 4 Order on Motion for Judgment Debtor Exam. (Motion Hearing reset for 4/25/2017 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.) Signed by Magistrate Judge George Foley, Jr on 3/20/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:17-cv-00298-JAD-GWF Document 10 Filed 03/29/17 Page 1 of 3 1 2 3 4 5 GARMAN TURNER GORDON DYLAN T. CICILIANO, ESQ. Nevada Bar No. 12348 Email: dciciliano@gtg.legal 650 White Drive, Suite 100 Las Vegas, Nevada 89119 Tel: (725) 777-3000 Fax: (725) 777-3112 Attorneys for SMS Financial J, LLC 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 KHI LIQUIDATION TRUST, CASE NO. 2:17-cv-298-JAD-GWF Plaintiff, 9 10 v. 11 SOUTHERN VEGAS VALLEY CONTRACTING, LLC STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT’S EMERGENCY MOTION TO VACATE ORDER FOR EXAMINATION OF JUDGMENT DEBTOR AND STAY PROCEEDINGS [DKT. 6] 12 Defendant. 13 14 15 16 Judgment Creditor SMS Financial J, LLC (“SMS”) by and through its counsel of record 17 Dylan T. Ciciliano, Esq. of the law firm Garman Turner Gordon, LLP, and SOUTHERN 18 VEGAS VALLEY CONTRACTING, LLC (“SVVC”), by and through its counsel of record Jack 19 Chen Min Juan, Esq. of the law firm Marquis Aurbach Coffing, hereby stipulate and agree as 20 follows: 21 On or about March 20, 2017, SVVC filed its Emergency Motion to Vacate Order for 22 Examination of Judgment Debtor and Stay Proceedings (the “Motion to Vacate”). [Dkt. 6]. By 23 minute order dated March 21, 2017, the Court set a hearing on the Motion to Vacate for April 3, 24 2017, and stayed the judgment debtor exam until the Court decides the Motion to Vacate. [Dkt. 25 7]. 26 The judgment that is the subject of the Motion to Vacate is based on an Order Granting 27 Default Judgment (“Judgment”) in favor of KHI Liquidation Trust against SVVC in the United 28 States Bankruptcy Court of the Northern District of Illinois Eastern District, In re: Kimball Hill, Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4823-4854-7136, v. 1 1 of 3 Case 2:17-cv-00298-JAD-GWF Document 10 Filed 03/29/17 Page 2 of 3 1 Inc., Case No. 08-10095, Adv. Proc. No. 10-00761 (the “Adversary Proceeding”), on or about 2 January 14, 2011. [See generally Dkt. 2]. 3 Since the filing of the Motion to Vacate, SVVC and SMS have engaged in settlement 4 discussions. However, because the issues implicated in the Motion to Vacate concern a judgment 5 from January 11, 2011, additional time is needed to potentially resolve the dispute. 6 Accordingly, the parties stipulate and agree that the hearing on the Motion to Vacate 7 should be continued until April 24, 2017, subject to the Court’s availability, with any response to 8 the Motion to Vacate being due on April 19, 2017. 9 The parties further stipulate and agree that per the Court’s March 20, 2017, Minute Order 10 [dkt. 7], the judgment debtor exam should be stayed until such time that the Court decides the 11 Motion to Vacate. Dated this 29th day of March, 2017. 12 13 GARMAN TURNER GORDON MARQUIS AURBACH COFFING /s/ Dylan T. Ciciliano Dylan T. Ciciliano, Esq. Nevada Bar No. 12348 650 White Drive, Suite 100 Las Vegas, NV 89119 dciciliano@gtg.legal /s/ Jack Chen Min Juan Jack Chen Min Juan, Esq. Nevada Bar No. 6367 Neil M. Sansone, Esq. Nevada Bar No. 13948 10001 Park Run Drive Las Vegas, Nevada 89145 jjuan@maclaw.com nsansone@maclaw.com 14 15 16 17 18 Attorneys for Plaintiffs, SMS Financial J, LLC 19 Attorneys for Southern Contracting, LLC 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4823-4854-7136, v. 1 2 of 3 Vegas Valley Case 2:17-cv-00298-JAD-GWF Document 10 Filed 03/29/17 Page 3 of 3 ORDER 1 2 IT IS HEREBY ORDERED that the Emergency Motion to Vacate Order for Examination 3 of Judgment Debtor and Stay Proceedings [Dkt. 6] is hereby rescheduled to be held on 4 ______________, 2017, at the hour of ________, to be held in LV Courtroom 3A before April 25 9:30 AM 5 Magistrate Judge George Foley, Jr. 6 IT IS FURTHER ORDERED that the Judgment Debtor Exam is hereby stayed until such 7 time that the Court decides the Emergency Motion to Vacate Order for Examination of Judgment 8 Debtor and Stay Proceedings. 9 10 DATED 3/30/2017 . 11 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4823-4854-7136, v. 1 3 of 3

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