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

Filing 35

ORDER approving ECF No. 34 Stipulation re ECF No. 19 Opening Brief: Answering brief due by 5/4/2018. Reply brief due by 5/18/2018. Signed by Judge Miranda M. Du on 5/2/2018. (Copies have been distributed pursuant to the NEF - KR)

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David J. Merrill
Nevada Bar No. 6060
David J. Merrill, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]
E-mail: [e-mail]
Counsel for Brian Shapiro, Trustee
of the R & S St. Rose Lenders, LLC
Liquidation Trust

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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In re:

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R & S ST. ROSE, LLC,
Debtor.

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Case No. 2:17-CV-01298-MMD
Bankruptcy Case No.: 11-14974-mkn
Chapter 11

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Stipulation and Order for Extension of
Time to File Answering Brief
(Third Request)

BRANCH BANKING AND TRUST
COMPANY,
Appellant,

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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.

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The parties stipulate as follows:
1.

On April 30, 2018, the Court entered a Stipulation and Order for Ex-

tension of Time to File Answering Brief because the parties were engaged in new
settlement discussions and to accommodate counsel for R & S St. Rose Lenders,

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LLC Liquidation Trust who had a family emergency. (ECF No. 33.) The order re-

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quired the appellees to file an answering brief on or before May 2, 2018. (See id.)

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2.

The parties stipulate to further extend the time for the appellees to file

an answering brief to May 4, 2018.
3.

The reason for the requested extension is two-fold. First, to enable the

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parties to continue the settlement discussions, which are on-going. Second, special

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counsel for Appellee R & S St. Rose Lenders, LLC, who is drafting the answering

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brief, needed a bit more time after the family emergency than he anticipated to fin-

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ish the brief and appendix.

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4.

To enable the parties to engage in further settlement negotiations and

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accommodate counsel’s family emergency, the parties stipulate that the appellees

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shall have up to and including May 4, 2018, to file their answering brief. The appel-

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lant shall then have up to and including May 18, 2018, to file any reply brief.

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5.

The parties have not entered into this stipulation for any purpose of

delay.

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Dated this 1st day of May 2018.

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David J. Merrill, P.C.

Holland & Hart LLP

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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:

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Holley Driggs Walch Fine Wray Puzey
& Thompson

Garman Turner Gordon

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By:

By:

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/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

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/s/ Ogonna M. Brown
Ogonna M. Brown
400 South 4th St., 3rd Floor
Las Vegas, Nevada 89101
Attorneys for R & S Investment Group

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Schwartz Flansburg, PLLC

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By:

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/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

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
DATED: May 2, 2018

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