Credit Suisse v. Lattig et al

Filing 35

ORDER Granting 34 Stipulation for Extension of Time re Briefing Schedule (Third Request). See Order for deadlines. Signed by Judge James C. Mahan on 4/10/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 GARMAN TURNER GORDON LLP William M. Noall Nevada Bar No. 3549 650 White Drive, Suite 100 Las Vegas, Nevada 89119 Telephone: (725) 777-3000 Facsimile: (725) 777-3112 SIDLEY AUSTIN LLP Elizabeth W. Walker California Bar No. 113545 555 West Fifth Street, 40th Floor Los Angeles, CA 90013 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 5 6 7 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”) 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF NEVADA 11 USDC Case No.: 17-cv-01975-JCM Appeal Ref. No. 17-27 In re: 12 19 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 20 Jointly Administered Reorganized Debtors. 13 14 15 16 17 18 21 CREDIT SUISSE, 22 23 24 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 THIRD STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE TO FACILITATE MEDIATION Appellant, v. LARRY LATTIG, CREDITOR TRUSTEE OF THE LLV CREDITOR TRUST 25 Appellee. 26 27 Credit Suisse, by and through its undersigned counsel, Elizabeth W. Walker of the law firm 28 1 4819-3069-1168, v. 1 Sidley Austin LLP and William M. Noall of the law firm Garman Turner Gordon LLP, Larry 1 Lattig, as Creditor Trustee (the "Creditor Trustee") of the LLV Creditor Trust, by and through his 2 attorneys, Robert M. Charles, Jr. of the law firm Lewis Roca Rothgerber Christie LLP and Gary 3 Cruciani, Jr. of the law firm McKool Smith, P.C., and Highland Floating Rate Opportunities Fund 4 and NexPoint Credit Strategies Fund (together, the "Highland Entities" and, collectively with the 5 Creditor Trustee, the "Appellees") by and through their attorneys, Jacob S. Frumkin and Michael 6 D. Warner of the law firm Cole Schotz P.C. and Samuel A. Schwartz of the law firm Schwartz 7 Flansburg PLLC (collectively, the "Parties"), stipulate and agree as follows: 8 RECITALS 9 a. On December 12, 2017, this Court issued a Minute Order [ECF No. 27] (the 10 "Minute Order") setting the deadlines for Appellant to file and serve an opening brief, for 11 Appellee(s) to file and serve an answering brief, and for Appellant to file and serve a reply brief. 12 The deadlines set in the Minute Order are December 26, 2017, January 9, 2018, and January 23, 13 2018, respectively. 14 b. On December 29, 2017, this Court issued an Order [ECF No. 31] extending the 15 deadlines contained in the Minute Order to March 2, 2018, April 6, 2018, and April 20, 2018, 16 respectively, to facilitate the Parties’ planned mediation with the Honorable Gregg W. Zive. 17 c. On January 23, 2018 the Parties mediated the disputes involved in what is referred 18 to by the Parties and the United States Bankruptcy Court for the District of Nevada as the 19 "Indemnification Dispute," which include this appeal. The mediation included approximately 20 46 additional parties with financial interests in the Indemnification Dispute, but who have 21 yet to make an appearance in the appeal and thus are not Parties to this Stipulation and 22 Order. 23 d. On March 2, 2018, the Parties submitted their Second Stipulation and Order to 24 Extend Briefing Schedule to Facilitate Mediation [ECF No. 32] (“Extension Stipulation”) as the 25 Parties needed additional time (the, “Extension Period”) to document and implement the 26 agreements made at mediation. 27 e. On March 30, 2018, this Court issued an order [ECF No. 33] granting the Extension 28 2 4819-3069-1168, v. 1 Stipulation thereby extending the deadlines to April 6, 2018, May 4, 2018 and May 18, 2018. 1 f. Since the Parties entered into the Extension Stipulation, they have continued 2 negotiating the documentation to implement the agreements made at mediation, including 3 documentation that will allow the termination of this appeal. However, primarily due to the fact 4 that several of the attorneys representing Parties were engaged in unrelated trials during the 5 Extension Period that ran much longer than they originally expected, and the additional fact that it 6 took more time than anticipated to obtain the additional 46 interested parties’ updated contact 7 information, the Parties have not yet obtained the necessary order from Judge Nakagawa that will 8 in turn facilitate the dismissal of this appeal by the April 6, 2018 briefing deadline. Though the 9 Parties believe they should have the papers to dismiss this appeal filed within about thirty (30) 10 days, out of an abundance of caution, they hereby seek a sixty (60) day extension of the briefing 11 deadlines to avoid the need for further extensions of time from this Court. 12 g. The Parties do not wish to expend further resources on this appeal pending its 13 dismissal. 14 h. In view of the foregoing and consistent with Bankruptcy Rule 8009, made 15 applicable to this appeal pursuant to LR 8018, the Parties have further met and conferred regarding 16 an extension of the current briefing schedule. 17 STIPULATION 18 Based upon the above Recitals and subject to the entry of an order by this Court approving 19 this Stipulation, the Parties agree that: 20 1. The Appellant shall have until June 5, 2018, to file and serve an opening brief. 2. The Appellees shall have until July 3, 2018, to file and serve an answering brief. 3. The Appellant shall have until July 17, 2018, to file and serve a final reply brief. 21 22 23 Dated: April 6, 2018. 24 GARMAN TURNER GORDON LLP SIDLEY AUSTIN LLP /s/ William M. Noall William M. Noall 650 White Drive, Suite 100 Las Vegas, NV 89119 Telephone (725) 777-3000 /s/ Elizabeth W. Walker Elizabeth W. Walker 555 West Fifth Street, 40th Floor Los Angeles, CA 90013 25 26 27 28 3 4819-3069-1168, v. 1 Facsimile (725) 777-3112 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 1 Attorney for Credit Suisse 2 3 4 5 6 7 8 Attorneys for Credit Suisse LEWIS ROCA ROTHGERBER CHRISTIE LLP COLE SCHOTZ P.C. /s/ Jacob S. Frumkin Jacob S. Frumkin 25 Main Street Hackensack, NJ 07601 Telephone: (201) 489-3000 /s/ Robert M. Charles, Jr. Robert M. Charles, Jr. 3993 Howard Hughes Pkwy Ste 600 Las Vegas, NV 89169-5996 Telephone: (702) 949-8320 Facsimile: (702) 949-8321 Co-Counsel for the LLV Credit Trust Michael D. Warner 301 Commerce Street Suite 1700 Fort Worth, TX 76102 Telephone: (817) 810-5250 Attorney for the Highland Entities 9 10 11 12 13 14 15 IT IS SO ORDERED: 16 17 UNITED STATES DISTRICT JUDGE 18 DATED: April 10, 2018 19 20 21 22 23 24 25 26 27 28 4 4819-3069-1168, v. 1

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