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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?