Branch Banking and Trust Company v. R&S St. Rose Lenders, LLC et al

Filing 31

ORDER granting ECF No. 30 Stipulation for Extension of Time to File Answering Brief to ECF No. 19 Opening Brief. Answering brief due by 4/27/2018 and Reply brief due by 5/11/2018. Signed by Judge Miranda M. Du on 4/11/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 David J. Merrill Nevada Bar No. 6060 David J. Merrill, P.C. 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 566-1935 E-mail: david@djmerrillpc.com Counsel for Brian Shapiro, Trustee of the R & S St. Rose Lenders, LLC Liquidation Trust 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 In re: 11 R & S ST. ROSE, LLC, Debtor. 12 13 Case No. 2:17-CV-01298-MMD Bankruptcy Case No.: 11-14974-mkn Chapter 11 14 15 Stipulation and Order for Extension of Time to File Answering Brief (First Request) BRANCH BANKING AND TRUST COMPANY, Appellant, 16 17 18 19 20 v. R & S ST. ROSE LENDERS, LLC; R & S ST. ROSE, LLC; R & S INVESTMENT GROUP, LLC; COMMONWEALTH LAND TITLE INSURANCE COMPANY; THE CREDITOR GROUP; and THE U.S. TRUSTEE, Appellees. 21 22 23 24 25 26 The parties stipulate as follows: 1. On February 22, 2018, this Court entered a Stipulation and Order to Extend Deadlines to File Appellate Briefs, which set a deadline of March 14, 2018 for the appellant to file its opening brief; April 13, 2018, for the appellees to file 27 28 1 1 their answering brief; and April 27, 2018 for the appellant to file a reply brief. (ECF 2 No. 17.) 3 2. 4 No. 19.) 5 3. On March 14, 2018, the appellant timely filed its opening brief. (ECF After participating in a three-day mediation earlier this year, the par- 6 ties have again engaged in productive settlement discussions in one last effort to 7 reach a global resolution. If a global resolution is reached it will settle at least six 8 appeals—four in this Court and two in the Ninth Circuit—plus the underlying 9 bankruptcy case from which this case emanated. But the settlement negotiations 10 are complicated as they involve seven different groups of parties and two insurers. 11 The parties believe, in good faith, that they need another week of settlement discus- 12 sions to determine whether a settlement can be reached. 13 4. To enable the parties to engage in settlement negotiations without in- 14 curring additional fees and costs (which further complicate settlement discussions) 15 the parties stipulate that the appellees shall have up to and including April 27, 16 2018, to file their answering brief. The appellant shall then have up to and includ- 17 ing May 11, 2018, to file any reply brief. 18 19 20 21 22 23 24 25 26 27 28 2 1 5. The parties have not entered into this stipulation for any purpose of 2 delay, but in a good faith attempt to reach a resolution without further unnecessary 3 expenditures of fees and costs. 4 Dated this 6th day of April 2018. 5 David J. Merrill, P.C. Holland & Hart LLP 6 By: /s/ David J. Merrill David J. Merrill 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Attorney for Brian Shapiro as Trustee of the R & S St. Rose Lenders, LLC Liquidation Trust By: Early Sullivan Wright Gizer & McRae, LLP Ghandi Deeter Blackham By: /s/ Scott E. Gizer Scott E. Gizer 601 South 7th St., 2nd Floor Las Vegas, Nevada 89101 Attorneys for Commonwealth Land Title Insurance Company By: 16 Holley Driggs Walch Fine Wray Puzey & Thompson Garman Turner Gordon 17 By: By: 7 8 9 10 11 12 13 14 /s/ Joseph G. Went Joseph G. Went 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 Attorneys for Branch Banking and Trust Company /s/ Nedda Ghandi Nedda Ghandi 725 South 8th Street, Suite 100 Las Vegas, Nevada 89101 Attorney for Brian Shapiro as Trustee of the R & S St. Rose Lenders, LLC Liquidation Trust 15 19 /s/ Ogonna M. Brown Ogonna M. Brown 400 South 4th St., 3rd Floor Las Vegas, Nevada 89101 Attorneys for R & S Investment Group 20 Schwartz Flansburg, PLLC 21 By: 18 22 23 /s/ Talitha Gray Kozlowski Talitha Gray Kozlowski 650 White Drive, Suite 100 Las Vegas, Nevada 89119 Attorneys for the Creditor Group /s/ Samuel A. Schwartz Samuel A. Schwartz 6623 Las Vegas Blvd. S., #300 Las Vegas, Nevada 89119 Attorneys for R & S St. Rose, LLC 24 25 IT IS SO ORDERED: 26 27 UNITED STATES DISTRICT JUDGE DATED: April 11, 2018 28 3

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