TransFirst Group Inc et al v. Magliarditi et al

Filing 239

ORDER granting 237 Stipulation re Claims; Signed by Judge Andrew P. Gordon on 8/27/2018. (Copies have been distributed pursuant to the NEF - JM)

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Jeanette E. McPherson, Esq., NV Bar No. 5423
Schwartzer & McPherson Law Firm
2850 South Jones Blvd., Suite 1
Las Vegas NV 89146-5308
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Shelley D. Krohn, Trustee

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

2850 South Jones Boulevard, Suite 1
Las Vegas, Nevada 89146-5308
Tel: [phone] · Fax: [phone]

SCHWARTZER & MCPHERSON LAW FIRM

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TRANSFIRST GROUP, INC. f/k/a
TRANSFIRST HOLDINGS, INC.,
TRANSFIRST THIRD PARTY SALES LLC
f/k/a TRANSFIRST MERCHANT
SERVICES, INC., and PAYMENT
RESOURCES INTERNATIONAL, LLC,

Case No. 2:17-CV-00487-APG-VCF
ORDER APPROVING STIPULATON
REGARDING CLAIMS AS PROPERTY OF
THE ESTATE

Plaintiffs,

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v.

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DOMINIC JOSEPH MAGLIARDITI;
FRANCINE MAGLIARDITI; in her
individual capacity, and as trustee of FRM
TRUST, DJM IRREVOCABLE TRUST, and
the FANE TRUST; ATM ENTERPRISES,
LLC, DII CAPITAL, INC.; DFM
HOLDINGS, LTD; DFM HOLDINGS, LP,
DII PROPERTIES LLC, MAGLIARDITI,
LTD.; CHAZZLIVE.COM, LLC; and
SPARTAN PAYMENT SOLUTIONS, LLC.,

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Defendants.
The Stipulation Regarding Claims As Property Of The Estate (“Stipulation”) 1 [ECF No.

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237] having been filed; the Court having reviewed the Stipulation, and for good cause shown, it is

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hereby
ORDERED that the Stipulation Regarding Claims As Property Of The Estate is approved;

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and it is further

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Unless otherwise defined herein, capitalized terms have the meanings ascribed them in the underlying Stipulation.

Order Re Stipulation Re Litigation Claims

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ORDERED that:

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1.

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The Claims are property of the Debtor’s bankruptcy estate pursuant to 11 U.S.C. §

541(a) and/or are held and controlled by the Chapter 7 Trustee from and after the Petition Date;
2.

The Trustee and Transfirst Group, Inc. f/k/a Transfirst Holdings, Inc., Transfirst

International, LLC each reserves its respective rights and claims with regard to the issue of

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whether new claims that are currently not alleged in the Action (the “Newly Discovered Claims”),

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are property of the Debtor’s bankruptcy estate pursuant to 11 U.S.C. § 541 and/or are held and

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2850 South Jones Boulevard, Suite 1
Las Vegas, Nevada 89146-5308
Tel: [phone] · Fax: [phone]

Third Party Sales LLC f/k/a Transfirst Merchant Services, Inc., and Payment Resources

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SCHWARTZER & MCPHERSON LAW FIRM

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controlled by the Chapter 7 Trustee from and after the Petition Date; and

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3.

The Stipulation does not apply to actions for contempt that are currently pending in

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the Action or may arise from actions of the Defendants in the Action, and the Parties specifically

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reserve the issue of whether such contempt claims are the property of the Debtor’s bankruptcy

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estate pursuant to 11 U.S.C. § 541 and/or are held and controlled by the Chapter 7 Trustee from

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and after the Petition Date.

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Submitted by:

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/s/ Jeanette E. McPherson
Jeanette E. McPherson, Esq.
Schwartzer & McPherson Law Firm
2850 South Jones Blvd., Suite 1
Las Vegas NV 89146
Attorneys for Shelley D. Krohn, Trustee

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IT IS SO ORDERED.

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Dated: August 27, 2018.
Dated this _____ day of _________________, 2018.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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Order Re Stipulation Re Litigation Claims

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