Eagle Spe Nv I, Inc., v. Kiley Ranch Communities, et al

Filing 101

MINUTES OF PROCEEDINGS - Motion Hearing held on 4/20/2015 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Frank LaForge; Def Counsel: Kent Robison; FTR #: 1:31:44 p.m. - 1:50:15 p .m.; Time of Hearing: 1:30? p.m.; Courtroom: 2. Plaintiff's 99 Motion for Sanctions is DENIED without prejudice. The court schedules a status conference for Tuesday, May 26, 2015, at 1:30 p.m., in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The court encourages counsel to meet and confer with bankruptcy counsel during the interim to address, and if appropriate, resolve the counterclaim. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
EAGLE SPE NV I, INC.,

)
)
Plaintiff,
)
)
vs.
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KILEY RANCH COMMUNITIES, et al., )
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Defendants.
)
___________________________________ )

3:12-cv-00245-RCJ-WGC
MINUTES OF PROCEEDINGS
April 17, 2015

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

Katie Lynn Ogden

COUNSEL FOR PLAINTIFF:

REPORTER:

FTR

Frank LaForge

COUNSEL FOR DEFENDANTS:

Kent Robison

MINUTES OF PROCEEDINGS: Motion Hearing
1:31 p.m. Court convenes.
The court holds today’s conference to address plaintiff Eagle SPE NV I, Inc.’s Motion for
Sanctions (Doc. # 99).
Defendants’ counsel Kent Robison indicates all Defendants have filed for bankruptcy.
Defendant Mike Kiley has filed for bankruptcy in Utah, where he currently resides. All other named
individual Defendants and the company Kiley Ranch Communities have filed for bankruptcy in
Reno, Nevada. In view of the Defendants seeking bankruptcy protection, counsel for Defendants
Mr. Robison states he can no longer litigate this matter in the district court and that he believes this
matter should be resolved in the bankruptcy court.
The court and counsel briefly discuss whether the counterclaim still exists in this action.
Plaintiff’s counsel believes the counterclaim still exists while counsel for Defendants indicates,
regardless whether the counterclaim still exists or not, this action before the district court is entirely
stayed.
After hearing from counsel, the court expresses concern regarding the posture of the case and
whether the court itself has any authority to grant sanctions against parties who have filed for
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Minutes of Proceedings
3:12-cr-00245-RCJ-WGC
April 17, 2015
bankruptcy.
In view of the court’s concerns, Plaintiff’s motion for sanctions (Doc. # 99) is DENIED
without prejudice. The court schedules a status conference for Tuesday, May 26, 2015,
at 1:30 p.m., to address the status of the case. The court encourages counsel to meet and confer with
bankruptcy counsel during the interim to address, and if appropriate, resolve the counterclaim.
IT IS SO ORDERED.
1:50 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:

2

/s/
Katie Lynn Ogden, Deputy Clerk