Villafana v. T-Mobile et al

Filing 39

ORDER Granting 37 Stipulation. Signed by Judge Gloria M. Navarro on 11/19/2021. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 5 6 7 MONTGOMERY Y. PAEK, ESQ. Bar No. 10176 AMY L. THOMPSON, ESQ. Bar No. 11907 LITTLER MENDELSON P.C. 3960 Howard Hughes Parkway Suite 300 Las Vegas, Nevada 89169.5937 Telephone: 702.862.8800 Fax No.: 702.862.8811 Email: Attorneys for Defendant T-MOBILE USA, INC. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 TERI P. VILLAFANA, Plaintiff, 13 14 15 16 v. T-MOBILE USA, INC., a foreign Corporation licensed to do business in Nevada, Case No. 2:21-cv-00661-GMN-DJA STIPULATION AND PROPOSED ORDER RELATED TO T-MOBILE’S PENDING MOTION TO DISMISS AMENDED COMPLAINT (ECF No. 25) Defendant. 17 18 19 Defendant T-MOBILE USA, INC. (“Defendant”) and Plaintiff TERI P. VILLAFANA 20 (“Plaintiff”) (collectively, the “Parties”), through their respective counsel, file this Stipulation and 21 Order related to T-Mobile’s pending Motion to Dismiss Amended Complaint (ECF No. 25). 22 On November 10, 2021, the United States Bankruptcy Court entered an order denying Plan 23 Confirmation and dismissing Plaintiff’s Chapter 13 bankruptcy case. A copy of this order is 24 attached as Exhibit A. T-Mobile’s pending Motion to Dismiss contains arguments directly related 25 to Plaintiff’s bankruptcy. Mot. Dismiss at § III(B-C), p.6:18-10:3. In light of the November 10, 26 2021, order dismissing Plaintiff’s bankruptcy and denying plan confirmation, the parties have 27 agreed and stipulate that the Defendant’s arguments related to Plaintiff’s bankruptcy contained in 28 LITTLER MENDELSON P.C. 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169.5937 702.862.8800 1 Defendant’s Motion to Dismiss at Sections III(B-C), p.6:18-10:3, be withdrawn without 2 prejudice. Defendant shall retain the right to file the same or similar arguments at a later time 3 if it deems appropriate to do so. Defendant shall further retain the right to conduct discovery on 4 these issues in accordance with the applicable rules of civil procedure. 5 Defendant’s Motion to Dismiss shall stand as submitted. 6 The remainder of This stipulation is made in good faith and not for purpose of delay. 7 8 Dated: November 18, 2021 Dated: November 18, 2021 9 Respectfully submitted, Respectfully submitted, /s/ Mary F. Chapman, Esq. MARY F. CHAPMAN, ESQ. LAW OFFICE OF MARY F. CHAPMAN, LTD. /s/ Amy L. Thompson, Esq. MONTGOMERY Y. PAEK, ESQ. AMY L. THOMPSON, ESQ. LITTLER MENDELSON, P.C. Attorney for Plaintiff TERI P. VILLAFANA Attorneys for Defendants 10 11 12 13 14 15 16 IT IS SO ORDERED. 17 19 Dated this ____ day of November, 2021. 18 19 20 21 4862-9292-8772.1 / 066431-1088 ___________________________ Gloria M. Navarro, District Judge UNITED STATES DISTRICT COURT 22 23 24 25 26 27 28 LITTLER MENDELSON P.C. 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169.5937 702.862.8800 2 Exhibit Index Exhibit A – November 10, 2021 Order Denial of Confirmation and Dismissing Case EXHIBIT A November 10, 2021 Order Denial of Confirmation and Dismissing Case EXHIBIT A 1 2 3 4 5 Honorable August B. Landis United States Bankruptcy Judge Entered on Docket November JO. 2021 6 7 8 9 10 11 12 KATHLEEN A. LEAVITT CHAPTER13 BANKRUPTCYTRUSTEE 711 S 4th Street Suite101 Las Vegas, NV 89101 (702) 853-0700 kal13 mail@l UNITED STATES BANKRUPTCYCOURT DISTRICT OF NEVADA IN RE: Chapter13 Cas e No: 21-13198- ABL TERI PATRECE V ILLAFANA ORDER DENIAL OF CONFIRMATION AND DISMISSING CASE 13 14 15 16 Debtor Hearing Date: 11/04/2021 Hearing Time: 1 :30 pm 17 The Trustee's Opposition to Confirmation of Plan Combined with Trustee's Recommendation of 18 Dismissal filed in the above-captioned matter having on for hearing, the following parties have appeared: 19 [X] Trustee [ ] Debtor [ ] Attorney for Debtor [X] Other Debtor's counsel communicated with the Trustee's 20 office prior to the hearing, but did not appear at the hearing, and said Motion having been considered by this 21 Court, and good cause appearing therefore; 22 23 24 25 IT IS HEREBY ORDERED that confirmation of the Plan is denied and that the above-captioned proceedings under Chapter 13 be DISMISSED for the following reason(s): • Other Reason: failure to resolve Trustee's Opposition to Confirmation (Docket No. 25) 1 2 DATED: 11/0912021 3 Submitted by: 4 Isl KATHLEEN A. LEAVITT Kathleen A. Leavitt Chapter 13 Trustee (dgt) 5 6 7 LR 9021 CERTIFICATION: 8 In accordance with LR 9021, counsel submitting this document certifies that the order accurately reflects the court's ruling and that: 9 _ The court has waived the requirement set forth in LR 9021 (b)(1 ). 10 _x_ No party appeared at the hearing or filed an objection to the motion. 11 _ I have delivered a copy of this proposed order to all counsel who appeared at the hearing, and each has approved or disproved the order, or failed to respond, as indicated below: 12 Approved: Disapproved: Failed to Respond: 13 14 15 _ I certify that this is a case under chapter 7 or 13, that I have served a copy of this order with the motion pursuant to LR 9014(g), and that no party has objected to the form or content of the order. 16 17 18 19 20 21 22 23 24 25 ###

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