Credit Suisse v. Lattig et al

Filing 31

ORDER Granting 28 Stipulation to Extend Briefing Schedule and Correct Parties to Appeal. Opening brief due by 3/2/2018. Answering Appeal Brief due by 4/6/2018. Reply Appeal Brief due by 4/20/2018. Claymore Holdings, LLC shall not be deemed to be a party to this appeal. Signed by Judge James C. Mahan on 12/29/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01975-JCM Document 30 Filed 12/22/17 Page 1 of 4

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SIDLEY AUSTIN LLP
Elizabeth W. Walker
California Bar No. 113545
555 West Fifth Street, 40th Floor
Los Angeles, CA 90013
Telephone: [phone]
Facsimile: [phone]
[e-mail]

GARMAN TURNER GORDON LLP
William M. Noall
Nevada Bar No. 3549
650 White Drive, Suite 100
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Credit Suisse AG, Cayman Islands Branch, formerly known as Credit Suisse,
Cayman Islands Branch (as successor to Credit Suisse First Boston, Cayman Islands Branch);
Credit Suisse Securities (USA) LLC (formerly known as Credit Suisse First Boston LLC); and
Credit Suisse AG (collectively, “Credit Suisse” or “Appellant”)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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In re:

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LAKE AT LAS VEGAS JOINT VENTURE,
LLC; LLV-1, LLC; LLV HOLDCO, LLC;
LAKE LAS VEGAS PROPERTIES, LLC; LLV
FOUR CORNERS, LLC; NORTHSHORE
GOLF CLUB LLC; P-3 AT MONTELAGO
VILLAGE LLC; THE GOLF CLUB AT LAKE
LAS VEGAS LLC; MARINA INVESTORS
LLC; THE VINEYARD AT LAKE LAS
VEGAS LLC; LLVVHI LLC; TCH
DEVELOPMENT LLC; TC TECHNOLOGIES
LLC; SOUTHSHORE GOLF CLUB LLC
NEVA HOLDINGS LLC

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USDC Case No.: 17-cv-01975-JCM
Appeal Ref. No. 17-27

Appeal from Case No. BK-S-08-17814-MKN
BK 08-17815 MKN BK 08-17832 MKN
BK 08-17817 MKN BK 08-17835 MKN
BK 08-17820 MKN BK 08-17837 MKN
BK 08-17822 MKN BK 08-17841 MKN
BK 08-17825 MKN BK 08-17842 MKN
BK 08-17827 MKN BK 08-17844 MKN
BK 08-17830 MKN BK 08-17845 MKN
Joint Administration

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Jointly Administered Reorganized Debtors.
CREDIT SUISSE,

STIPULATION AND ORDER TO
EXTEND BRIEFING SCHEDULE TO
FACILITATE MEDIATION AND
CORRECT PARTIES TO THE APPEAL

Appellant,
v.
LARRY LATTIG, CREDITOR TRUSTEE OF
THE LLV CREDITOR TRUST, ET AL.
Appellees.

Credit Suisse, by and through its undersigned counsel, Elizabeth W. Walker of the law firm

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Case 2:17-cv-01975-JCM Document 30 Filed 12/22/17 Page 2 of 4

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Sidley Austin LLP and William M. Noall of the law firm Garman Turner Gordon LLP, Larry

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Lattig, as Creditor Trustee (the “Creditor Trustee”) of the LLV Creditor Trust, by and through his

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attorneys, Robert M. Charles, Jr. of the law firm Lewis Roca Rothgerber Christie LLP and Gary

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Cruciani, Jr. of the law firm McKool Smith, P.C., and Highland Floating Rate Opportunities Fund

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and NexPoint Credit Strategies Fund (together, the “Highland Entities” and, collectively with the

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Creditor Trustee, the “Appellees”) by and through their attorneys, Jacob S. Frumkin and Michael

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D. Warner of the law firm Cole Schotz P.C. and Samuel A. Schwartz of the law firm Schwartz

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Flansburg PLLC (collectively, the “Parties”), stipulate and agree as follows:
RECITALS

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a.

On December 12, 2017, this Court issued a Minute Order [ECF No. 27] (the

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“Minute Order”) setting the deadlines for Appellant to file and serve an opening brief, for

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Appellee(s) to file and serve an answering brief, and for Appellant to file and serve a reply brief.

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The deadlines set in the Minute Order are December 26, 2017, January 9, 2018, and January 23,

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2018, respectively.

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b.

During the past month or so, the Parties have met and conferred and determined to

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globally mediate all of the disputes involved in what is referred to by both the Parties and the

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United States Bankruptcy Court for the District of Nevada as the “Indemnification Dispute,” which

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includes this appeal. Resolution of the Indemnification Dispute would pave the way to close all

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the above-referenced bankruptcy cases, which have been pending since 2008.

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c.

The Parties agreed on a mediator and the Honorable Gregg W. Zive has confirmed

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he will conduct a mediation between the Parties to resolve the Indemnification Dispute in late

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January 2018.

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d.

The Parties do not wish to expend further resources on this appeal at this time, as

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significant work will be required to prepare for mediation, including compiling time and cost

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summaries constituting the amounts sought in connection with the Claymore litigation, and review

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of same, further settlement negotiations and preparation of mediation statements and for

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mediation.

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e.

In view of the foregoing and consistent with Bankruptcy Rule 8009, made
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Case 2:17-cv-01975-JCM Document 30 Filed 12/22/17 Page 3 of 4

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applicable to this appeal pursuant to LR 8018, the Parties have further met and conferred regarding

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an extension of the current briefing schedule.

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f.

Additionally, the Parties have realized that Claymore Holdings, LLC was

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mistakenly included as a party interested in this appeal as well as the Indemnification Dispute

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before the Bankruptcy Court and desire to correct the record in this regard.
STIPULATION

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Based upon the above Recitals and subject to the entry of an order by this Court approving
this Stipulation, the Parties agree that:

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1.

The Appellant shall have until March 2, 2018, to file and serve an opening brief.

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2.

The Appellees shall have until April 6, 2018, to file and serve an answering brief.

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3.

The Appellant shall have until April 20, 2018, to file and serve a final reply brief.

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4.

Claymore Holdings, LLC was mistakenly included as a party interested in this

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appeal (as well as the remainder of the Indemnification Dispute before the

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Bankruptcy Court) and shall not be deemed to be a party to this appeal.

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Dated: December 21, 2017.

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GARMAN TURNER GORDON LLP

SIDLEY AUSTIN LLP

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/S/ WILLIAM M. NOALL
William M. Noall
650 White Drive, Suite 100
Las Vegas, NV 89119
Telephone [phone]
Facsimile [phone]

/S/ ELIZABETH W. WALKER
Elizabeth W. Walker
555 West Fifth Street, 40th Floor
Los Angeles, CA 90013
Telephone: [phone]
Facsimile: [phone]

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Attorney for Credit Suisse

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Attorneys for Credit Suisse

LEWIS ROCA ROTHGERBER CHRISTIE
LLP

MCKOOL SMITH, P.C.

/s/ Robert M. Charles, Jr.
Robert M. Charles, Jr.
3993 Howard Hughes Pkwy Ste 600
Las Vegas, NV 89169-5996
Telephone: [phone]
Facsimile: [phone]
Co-Counsel for the LLV Credit Trust

/s/ Gary Cruciani, Jr.
Gary Cruciani, Jr.
300 Crescent Court
Dallas, TX 75201
Co-Counsel for the LLV Credit Trust

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Case 2:17-cv-01975-JCM Document 30 Filed 12/22/17 Page 4 of 4

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COLE SCHOTZ P.C.

SCHWARTZ FLANSBURG PLLC

/s/ Jacob S. Fumkin
Jacob S. Frumkin
25 Main Street
Hackensack, NJ 07601
Telephone: [phone]

/s/ Samuel A. Schwartz
Samuel A. Schwartz
6623 Las Vegas Blvd. South
Suite 300
Las Vegas, NV 89119
Telephone: [phone]
Facsimile: [phone]
Attorneys for the Highland Entities

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Michael D. Warner
301 Commerce Street Suite 1700
Fort Worth, TX 76102
Telephone: [phone]
Attorneys for the Highland Entities

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IT IS SO ORDERED:
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UNITED STATES DISTRICT JUDGE
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DATED:
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December 29, 2017