Official Committee of Unsecured Creditors of Cash Cloud, INC. v. Christopher Mcalary

Filing 28

ORDER Granting 27 Stipulation for Extension of Time. Responses due by 12/10/2024. Replies due by 12/26/2024. Signed by Chief Judge Andrew P. Gordon on 11/25/2024. (Copies have been distributed pursuant to the NEF - AMMi)

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1 2 3 4 5 6 7 8 CARLYON CICA CHTD. CANDACE C. CARLYON, ESQ. Nevada Bar No.2666 DAWN M. CICA, ESQ. Nevada Bar No. 4565 NATASHA SHARMA, ESQ. Nevada Bar No. 16320 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 Phone: (702) 685-4444 Email: ccarlyon@carlyoncica.com dcica@carlyoncica.com jang@carlyoncica.com nsharma@carlyoncica.com Counsel for Christopher McAlary CARLYON CICA CHTD. 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 9 10 11 12 13 14 15 16 In re: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case No.: 2:23-cv-01738-APG-BNW CASH CLOUD, INC., dba COIN CLOUD, Debtor. Bankruptcy Case No. 23-10423-MKN OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CASH CLOUD, INC. dba COIN CLOUD Adversary No.: 23-01125-MKN vs. Plaintiff 17 18 21 22 23 24 25 26 SECOND STIPULATED ORDER TO CONTINUE BRIEFING DEADLINES TO MOTION FOR SANCTIONS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9011 CHRISTOPHER MCALARY Defendant and ThirdParty Plaintiff 19 20 Chapter 11 vs AMONDO REDMOND Third Party Defendant Chris McAlary (“Mr. McAlary”), by and through his counsel, the law firm of Carlyon Cica, Chtd., and the Official Committee of Unsecured Creditors (the “Committee”), by and through its undersigned counsel McDonald Carano LLP and Seward & Kissel LLP (collectively the “Parties”), hereby stipulate and agree as follows (the “Stipulation”): 27 28 1 1 STIPULATION 2 WHEREAS, on September 1, 2023, the Committee, acting on behalf of the Debtor’s 3 estate, filed a Complaint against McAlary, Case No. Case 23-01125-mkn (the “McAlary 4 Adversary”); 5 6 WHEREAS, on October 20, 2023, Mr. McAlary filed his Motion for Withdrawal of Reference under 28 U.S.C §157(d) and FRBP 50 (the “Motion”) [AECF No. 8]; 7 8 WHEREAS, on October 20, 2023, Mr. McAlary filed his Answer to Complaint and Third-Party Complaint against Amondo Redmond [AECF No. 9]; CARLYON CICA CHTD. 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 9 10 WHEREAS, on June 27, 2024, the Court entered its Order partially granting the Motion to Withdraw the Reference [ECF No. 13]; 11 12 WHEREAS, on October 28, 2024, Mr. McAlary filed his Motion for Sanctions Pursuant to Bankruptcy Procedure 9011 [AECF No. 19] (the “Motion for Sanctions”); 13 WHEREAS, the briefing schedule for the Motion for Sanctions was previously extended 14 by the Court’s entering of the Stipulated Order To Continue Briefing Deadlines To Motion For 15 Sanctions Pursuant To Federal Rule Of Bankruptcy Procedure 9011 (the “First Stipulation”) 16 [AECF No. 26]; 17 18 WHEREAS the current deadline for the Committee to file its opposition to the Motion for Sanctions is November 26, 2024; 19 20 WHEREAS the current deadline for Mr. McAlary to file his Reply in support of the Motion for sanctions is December 10, 2024; and 21 WHEAREAS, the parties have continued to engage in good faith settlement negotiations. 22 IT IS FURTHER HEREBY STIPULATED AND AGREED that the parties agree to 23 extend the deadline for the Committee’s Opposition to Motion for Sanctions from November 26, 24 2024, to December 10, 2024. The deadline for Mr. McAlary to file a reply shall be extended 25 from December 10, 2024 to December 26, 2024. 26 /// 27 /// 28 2 1 2 3 4 5 6 7 8 CARLYON CICA CHTD. 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 9 10 11 No other deadlines are affected by this Stipulation. IT IS SO STIPULATED AND AGREED. CARLYON CICA CHTD. SEWARD & KISSEL LLP By: /s/ Candace C. Carlyon CANDACE C. CARLYON, ESQ. Nevada Bar No.2666 DAWN M. CICA, ESQ. Nevada Bar No. 4565 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 Counsel for Christopher McAlary /s/_ Laura E. Miller Robert J. Gayda, Esq. Catherine V. LoTempio, Esq. Laura E. Miller, Esq. (pro hac vice applications granted) & MCDONALD CARANO LLP Ryan J. Works, Esq. (NSBN 9224) Amanda M. Perach, Esq. (NSBN 12399) Counsel for Official Committee of Unsecured Creditors 12 13 14 15 16 17 IT IS SO ORDERED: _____________________________________ UNITED STATES DISTRICT COURT JUDGE November 25, 2024 DATED: __________________ 18 19 20 21 22 23 24 25 26 27 28 3

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