CIT Bank, N.A. v. Stanton et al

Filing 9

ORDER granting 8 Stipulation; Reply Appeal Brief due by 1/12/2018. Signed by Judge James C. Mahan on 12/22/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02722-JCM Document 8 Filed 12/21/17 Page 1 of 3

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Michael B. Wixom, Esq., NV Bar No. 2812
Katie M. Weber, Esq., NV Bar No. 11736
SMITH LARSEN & WIXOM
1935 Village Center Circle
Las Vegas, NV 89134
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
-andJohn M. O'Neal, Esq., NV Bar No. 5730
QUARLES & BRADY LLP
One Renaissance Square
Two North Central Avenue
Phoenix, AZ 85004-2391
Telephone: [phone]
Fax: [phone]
[e-mail]

David Krieger, Esq., NV Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue
Suite 350
Las Vegas, Nevada 89123
Telephone: [phone] ext. 223
Fax: [phone] (direct e-fax)
email: [e-mail]
Attorneys for Appellee/Debtor

Attorneys for Appellant/Secured Creditor CIT
Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re:

District Court Case No. 2:17-cv-02722-JCM

Katherine Griswold-Stanton,

Bankruptcy Case No. 16-16272-ABL

Debtor.

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CIT Bank, N.A.,
v.

Appellant,

Katherine Griswold-Stanton,

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Appellee.

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QB\49918079.1

Chapter 13

STIPULATION AND ORDER
EXTENDING TIME FOR APPELLANT
CIT BANK, N.A. TO FILE REPLY
BRIEF

Case 2:17-cv-02722-JCM Document 8 Filed 12/21/17 Page 2 of 3

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Appellant CIT Bank, N.A. ("CIT") and Appellee Katherine Griswold-Stanton ("Debtor",

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and together with CIT, the "Parties") hereby enter into this Stipulation and Order Extending Time

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for Appellant CIT Bank, N.A. to File Reply Brief (the "Stipulation"). The Parties stipulate and

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agree as follows:

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1.

This is an appeal from the United States Bankruptcy Court for the District of

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Nevada (the "Bankruptcy Court"). CIT appeals two orders entered on the Bankruptcy Court's

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Docket at Nos. 81 and 86 (together, the "Orders"), which together found that CIT had violated

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Federal Rule of Bankruptcy Procedure 9011(b)(3) and awarded attorneys' fees to counsel for

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Katherine Griswold-Stanton (the "Debtor").

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2.

Under 28 U.S.C. § 157(b)(3) the Bankruptcy Court determined sua sponte (and on

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the record) that it had core jurisdiction to enter the Orders. Accordingly, the Bankruptcy Court

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had core jurisdiction pursuant to 28 U.S.C. § 157(b)(2).

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3.

On October 24, 2017, CIT timely appealed the Orders under Federal Rule of

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Bankruptcy Procedure 8002(a) and elected to have this Court hear the appeal under 28 U.S.C.

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§ 158(c)(1)(A). This Court has jurisdiction under 28 U.S.C. § 158(a)(1).

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4.

On November 28, 2017, the Court entered its Minute Order [Docket No. 4] setting

the briefing schedule for the Parties.
5.

On December 12, 2017, CIT timely filed its Opening Brief [Docket No. 5] and an

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accompanying Appendix (Excerpts of Record) [Docket No. 6]. The Debtor filed her Answering

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Brief on December 20, 2017 [Docket No. 7].

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6.

Pursuant to the Court's Minute Order, the deadline for CIT to file a Reply Brief is

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14 days after Debtor files her Answering Brief. CIT's Reply Brief is due January 3, 2018. Due to

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other professional and personal commitments of counsel for CIT, it requests a 9-day extension of

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time to file its Reply Brief.

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7.

This is CIT’s first request for an extension of time to file its Reply Brief. Counsel

for the Debtor has no objection to this request.

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QB\49918079.1

Case 2:17-cv-02722-JCM Document 8 Filed 12/21/17 Page 3 of 3

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8.

The Debtor and CIT agree to extend the time for CIT to file its Reply Brief by 9

days up to and including January 12, 2018.

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Dated: December 21, 2017

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QUARLES & BRADY LLP
Renaissance One
Two North Central Avenue
Phoenix, Arizona 85004-2391

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By: /s/ John M. O'Neal_________________________
John M. O'Neal, NV Bar No. 5730

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And

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Michael B. Wixom, NV Bar No. 2812
Katie M. Weber, NV Bar No. 11736
SMITH LARSEN & WIXOM
1935 Village Center Circle
Las Vegas, NV 89134

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Attorneys for Appellant/Secured Creditor CIT Bank,
N.A.

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HAINES & KRIEGER, LLC
8985 S. Eastern Avenue
Suite 350
Las Vegas, Nevada 89123

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By: /s/ David Krieger___________________________
David Krieger, NV Bar No. 9086

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Attorneys for Appellee/Debtor

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ORDER

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IT IS SO ORDERED:

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__________________________________________
UNITED STATES DISTRICT JUDGE

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December 22, 2017
DATE: ____________________________________

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QB\49918079.1

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