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

Filing 42

ORDER granting ECF No. 41 Stipulation for Extension of Time to File Answering Brief to ECF No. 14 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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GHANDI DEETER BLACKHAM
NEDDA GHANDI, ESQ.
Nevada Bar No. 11137
Email: [e-mail]
LAURA A. DEETER, ESQ.
Nevada Bar No. 10562
Email: [e-mail]
725 South 8th Street Suite 100
Las Vegas, Nevada 89101
Telephone: [phone]
Fax: [phone]
Attorneys for Appellees,
R & S ST. ROSE LENDERS, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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) Case No. 2:17-CV-01322-MMD
) Bankruptcy Case No.: 11-14973-mkn
) Chapter 11
R & S ST. ROSE LENDERS, LLC,
)
)
Debtor.
)
_____________________________________ )
STIPULATION AND ORDER FOR
)
)
EXTENSION OF TIME TO FILE
BRANCH BANKING AND TRUST
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ANSWERING BRIEF
COMPANY,
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(Second Request)
Appellant,
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)
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v.
)
)
R & S ST. ROSE LENDERS, LLC, et al.
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Appellees.
)
)
)
In re:

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The parties stipulate as follows:

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1.

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On February 22, 2018, this Court entered a Stipulation and Order to Extend

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Deadlines to File Appellate Briefs, which set a deadline of April 13, 2018, for the appellees to

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file their answering brief; and April 27, 2018 for the appellant to file a reply brief. (ECF No.

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39.)

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2.

On June 13, 2017, the appellant timely filed its opening brief. (ECF No. 14.)

Stipulation - 1

3.

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After participating in a three-day mediation earlier this year, the parties have

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again engaged in productive settlement discussions in one last effort to reach a global

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resolution. If a global resolution is reached it will settle at least six appeals—four in this Court

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and two in the Ninth Circuit—plus the underlying bankruptcy case from which this case

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emanated. But the settlement negotiations are complicated as they involve seven different

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groups of parties and two insurers. The parties believe, in good faith, that they need another

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week of settlement discussions to determine whether a settlement can be reached.

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4.

To enable the parties to engage in settlement negotiations without incurring

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additional fees and costs (which further complicate settlement discussions) the parties stipulate
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that the appellees shall have up to and including April 27, 2018, to file their answering brief.
The appellant shall then have up to and including May 11, 2018, to file any reply brief.

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5.

The parties have not entered into this stipulation for any purpose of delay, but in

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a good faith attempt to reach a resolution without further unnecessary expenditures of fees and
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costs.

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Dated this 11th day of April 2018.

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HOLLAND & HART LLP

GHANDI DEETER BLACKHAM

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By:

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/s/ Nedda Ghandi
Nedda Ghandi, Esq.
725 South 8th Street Suite 100
Las Vegas, Nevada 89101
Counsel for R & S St. Rose Lenders, LLC

By:

/s/ Joseph G. Went
Joseph G. Went
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
Attorneys for Branch Banking and Trust
Company

…
…
…
…
…

Stipulation - 2

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EARLY SULLIVAN WRIGHT GIZER &
MCRAE, LLP

DAVID J. MERRILL, P.C.

By:

By:

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/s/ Scott E. Gizer
Scott E. Gizer
601 South 7th St., 2nd Floor
Las Vegas, Nevada 89101
Attorneys for Commonwealth Land
Title Insurance Company

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/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

HOLLEY DRIGGS WALCH FINE WRAY
PUZEY & THOMPSON

GARMAN TURNER GORDON

By:

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By:

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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

/s/ Talitha Gray Kozlowski
Talitha Gray Kozlowski
650 White Drive, Suite 100
Las Vegas, Nevada 89119
Attorneys for the Creditor Group

SCHWARTZ FLANSBURG, PLLC
By:
/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

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DATED: April 11, 2018

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Stipulation - 3