Villafana v. T-Mobile et al
Filing
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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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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: mpaek@littler.com
athompson@littler.com
Attorneys for Defendant
T-MOBILE USA, INC.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TERI P. VILLAFANA,
Plaintiff,
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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.
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Defendant T-MOBILE USA, INC. (“Defendant”) and Plaintiff TERI P. VILLAFANA
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(“Plaintiff”) (collectively, the “Parties”), through their respective counsel, file this Stipulation and
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Order related to T-Mobile’s pending Motion to Dismiss Amended Complaint (ECF No. 25).
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On November 10, 2021, the United States Bankruptcy Court entered an order denying Plan
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Confirmation and dismissing Plaintiff’s Chapter 13 bankruptcy case. A copy of this order is
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attached as Exhibit A. T-Mobile’s pending Motion to Dismiss contains arguments directly related
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to Plaintiff’s bankruptcy. Mot. Dismiss at § III(B-C), p.6:18-10:3. In light of the November 10,
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2021, order dismissing Plaintiff’s bankruptcy and denying plan confirmation, the parties have
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agreed and stipulate that the Defendant’s arguments related to Plaintiff’s bankruptcy contained in
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LITTLER MENDELSON P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169.5937
702.862.8800
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Defendant’s Motion to Dismiss at Sections III(B-C), p.6:18-10:3, be withdrawn without
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prejudice. Defendant shall retain the right to file the same or similar arguments at a later time
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if it deems appropriate to do so. Defendant shall further retain the right to conduct discovery on
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these issues in accordance with the applicable rules of civil procedure.
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Defendant’s Motion to Dismiss shall stand as submitted.
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The remainder of
This stipulation is made in good faith and not for purpose of delay.
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Dated: November 18, 2021
Dated: November 18, 2021
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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
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IT IS SO ORDERED.
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Dated this ____ day of November, 2021.
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4862-9292-8772.1 / 066431-1088
___________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT
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LITTLER MENDELSON P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169.5937
702.862.8800
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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
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Honorable August B. Landis
United States Bankruptcy Judge
Entered on Docket
November JO. 2021
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KATHLEEN A. LEAVITT
CHAPTER13 BANKRUPTCYTRUSTEE
711 S 4th Street Suite101
Las Vegas, NV 89101
(702) 853-0700
kal13 mail@l as13.com
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
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Debtor
Hearing Date: 11/04/2021
Hearing Time: 1 :30 pm
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The Trustee's Opposition to Confirmation of Plan Combined with Trustee's Recommendation of
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Dismissal filed in the above-captioned matter having on for hearing, the following parties have appeared:
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[X] Trustee [ ] Debtor [ ] Attorney for Debtor [X] Other Debtor's counsel communicated with the Trustee's
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office prior to the hearing, but did not appear at the hearing, and said Motion having been considered by this
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Court, and good cause appearing therefore;
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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)
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DATED: 11/0912021
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Submitted by:
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Isl KATHLEEN A. LEAVITT
Kathleen A. Leavitt
Chapter 13 Trustee
(dgt)
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LR 9021 CERTIFICATION:
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In accordance with LR 9021, counsel submitting this document certifies that the order
accurately reflects the court's ruling and that:
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_ The court has waived the requirement set forth in LR 9021 (b)(1 ).
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_x_ No party appeared at the hearing or filed an objection to the motion.
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_ 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:
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Approved:
Disapproved:
Failed to Respond:
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_ 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.
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