KHI Liquidation Trust v. Southern Vegas Valley Contracting LLC

Filing 17

ORDER Granting 16 Stipulation re 6 MOTION to Vacate 4 Order on Motion for Judgment Debtor Exam. ( Motion Hearing reset for 8/4/2017 at 01:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr.) Signed by Magistrate Judge George Foley, Jr on 6/26/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00298-JAD-GWF Document 16 Filed 06/23/17 Page 1 of 3

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GARMAN TURNER GORDON
DYLAN T. CICILIANO, ESQ.
Nevada Bar No. 12348
Email: [e-mail]
650 White Drive, Suite 100
Las Vegas, Nevada 89119
Tel: [phone]
Fax: [phone]
Attorneys for SMS Financial J, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KHI LIQUIDATION TRUST,
CASE NO.

2:17-cv-298-JAD-GWF

Plaintiff,

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v.

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STIPULATION AND ORDER TO
CONTINUE HEARING ON
DEFENDANT’S EMERGENCY MOTION
TO VACATE ORDER FOR
EXAMINATION OF JUDGMENT
DEBTOR AND STAY PROCEEDINGS
[DKT. 6]

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SOUTHERN VEGAS VALLEY
CONTRACTING, LLC

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FOURTH REQUEST

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Defendant.

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Judgment Creditor SMS Financial J, LLC (“SMS”) by and through its counsel of record

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Dylan T. Ciciliano, Esq. of the law firm Garman Turner Gordon, LLP, and SOUTHERN

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VEGAS VALLEY CONTRACTING, LLC (“SVVC”), by and through its counsel of record Jack

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Chen Min Juan, Esq. of the law firm Marquis Aurbach Coffing, hereby stipulate and agree as

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follows:

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On or about March 20, 2017, SVVC filed its Emergency Motion to Vacate Order for

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Examination of Judgment Debtor and Stay Proceedings (the “Motion to Vacate”). [Dkt. 6]. By

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minute order dated March 21, 2017, the Court set a hearing on the Motion to Vacate for April 3,

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2017, and stayed the judgment debtor exam until the Court decides the Motion to Vacate. [Dkt.

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7].

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The judgment that is the subject of the Motion to Vacate is based on an Order Granting

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Default Judgment (“Judgment”) in favor of KHI Liquidation Trust against SVVC in the United

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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
[phone]

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4820-9120-0842, v. 1

Case 2:17-cv-00298-JAD-GWF Document 16 Filed 06/23/17 Page 2 of 3

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Inc., Case No. 08-10095, Adv. Proc. No. 10-00761 (the “Adversary Proceeding”), on or about

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January 14, 2011. [See generally Dkt. 2]. KHI Liquidation Trust assigned the judgment to SMS

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on April 29, 2016. [Dkt. 2-3].

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Since the filing of the Motion to Vacate, SVVC and SMS engaged in settlement

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discussions. SVVC and SMS continue to engage in settlement discussions. Previously, SVVC

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searched its archives in an attempt to retrieve documents relevant to the underlying Adversary

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Proceeding. SVVC identified documents it contends are relevant to its potential defense in the

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Adversary Proceeding, and therefore relevant to the Motion to Vacate.

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On May 17, 2017, SVVC provided the documents to SMS for its review, the day before
the third requested stipulation. [Dkt 14].

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SMS has reviewed the documents in furtherance of a possible resolution of the Motion to

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Vacate and is evaluating the legal position asserted by SVVC. Because SMS is an assignee, the

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process is more time consuming than it otherwise would have been.

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Accordingly, the parties stipulate and agree that the hearing on the Motion to Vacate

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should be continued to July 31, 2017, subject to the Court’s availability, with any response to the

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Motion to Vacate being due on July 24, 2017.

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The parties further stipulate and agree that per the Court’s March 20, 2017, Minute Order

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[dkt. 7], the judgment debtor exam should be stayed until such time that the Court decides the

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Motion to Vacate.

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Dated this 23rd day of June, 2017.
GARMAN TURNER GORDON

MARQUIS AURBACH COFFING

/s/ Dylan Ciciliano
Dylan T. Ciciliano, Esq.
Nevada Bar No. 12348
650 White Drive, Suite 100
Las Vegas, NV 89119
[e-mail]

/s/ Jack Chen Min Juan
Jack Chen Min Juan, Esq.
Nevada Bar No. 6367
10001 Park Run Drive
Las Vegas, Nevada 89145
[e-mail]

Attorneys for Plaintiffs, SMS Financial J,
LLC

Attorneys for Southern
Contracting, LLC

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Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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4820-9120-0842, v. 1

Vegas

Valley

Case 2:17-cv-00298-JAD-GWF Document 16 Filed 06/23/17 Page 3 of 3

ORDER

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IT IS HEREBY ORDERED that the Emergency Motion to Vacate Order for Examination

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of Judgment Debtor and Stay Proceedings [Dkt. 6] is hereby rescheduled to be held on

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August 4
______________, 2017, at the hour of ________, to be held in LV Courtroom 3A before
1:30 pm

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Magistrate Judge George Foley, Jr.

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IT IS FURTHER ORDERED that the Judgment Debtor Exam is hereby stayed until such

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time that the Court decides the Emergency Motion to Vacate Order for Examination of Judgment

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Debtor and Stay Proceedings.

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DATED

June 26, 2017

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UNITED STATES MAGISTRATE JUDGE
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4820-9120-0842, v. 1

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Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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4820-9120-0842, v. 1