Hall CA-NV, LLC v. Lawrence Investments, LLC et al

Filing 28

ORDER granting ECF No. 27 Stipulation to Extend Briefing Schedule (First Request). Opening brief due by 12/15/2017. Answering brief due by 1/1/2018. Reply brief due by 1/11/2018. Bankruptcy hearing remains set for 01/17/2018 at 10:00 A.M. Signed by Judge Robert C. Jones on 11/28/2017. (Copies have been distributed pursuant to the NEF - KW)

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HOLLY E. ESTES, ESQ.
Nevada Bar No. 11797
ESTES LAW, P.C.
605 Forest Street
Reno, Nevada 89509
Telephone [phone]
Facsimile [phone]
Email: [e-mail]

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Attorney for Paul and Evy Paye, LLC
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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—ooOoo—
Case No. BK-N-16-51282-GWZ
Chapter 11

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In Re:

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NEW CAL-NEVA LODGE, LLC,

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Debtor.

Lead Case:
Appeal Reference No. 17-49

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_________________________________/

District Court No. 3:17-cv-00636-RCJ

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PAUL AND EVY PAYE, LLC, a
California limited liability company,

Consolidated with:
Appeal Reference No. 17-50

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Appellant.

District Court No. 3:17-cv-00640-RCJ

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v.
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LAWRENCE INVESTMENTS, LLC;
THE OFFICIAL COMMITTEE OF
UNSECURED CREDITORS; NEW CAL
NEVA LODGE, LLC; CR LAKE
TAHOE, LLC; 9898 LAKE, LLC,

STIPULATION TO
BRIEFING SCHEDULE

E XT E N D

(First Request)

Appellees.
_________________________________/

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Appellants, Paul and Evy Paye, LLC, a California limited liability company (“Paye”)
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by and through its counsel, Holly E. Estes, Esq., of Estes Law, P.C., Appellants, Hall CA-NV
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LLC, a Texas limited liability company (“Hall”), by and through its counsel, Frank J. Wright,
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Esq., Appellee, Lawrence Investments, LLC (“Lawrence”), by and through its counsel Eric
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Goldberg, Esq., of DLA Piper LLP, Appellee, the Official Committee of Unsecured
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Creditors (the “Committee”), by and through its counsel Shirley S. Cho, Esq., of Pachulski
ESTES LAW, P.C.
605 Forest Street
Reno, Nevada 89509
[phone]

C:\Users\SmithLaw\Desktop\Stip Cont Brief Sch 112717 hee.wpd

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Stang Ziehl & Jones LLP, and interested party, Penta Building Group, LLC (“Penta”), by and

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through its counsel Dawn M. Cica, Esq., of Mushkin Cica Coppedge (hereinafter

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cumulatively referred to as the “Parties”), hereby stipulate and agree to extend the Parties

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briefing schedule pursuant to LR IA 6-1 and LR 26-4 as follows:

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RECITALS
1.

The current deadline for Appellants, Paye and Hall, to file an opening brief is

Friday, December 1, 2017 by 5:00 p.m. See [DE 20].
2.

The current deadline for Appellees to file answering briefs is Monday,

December 18, 2017 by 5:00 p.m. See [DE 20].
3.

The current deadline for Appellants, Paye and Hall, to file a final reply brief

is Thursday, December 28, 2017 at 5:00 p.m. See [DE 20].
4.

Oral argument hearing is currently scheduled for Wednesday, January 17, 2018

at 10:00 a.m. See [DE 20].
5.

The Parties have been engaged in ongoing settlement discussions since the date

of the Court’s last hearing on these matters.
6.

In light of the ongoing settlement discussions, the Parties believe that it is in

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the best interest of all that the Parties focus their efforts on working toward a settlement,

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rather than briefing pleadings in the consolidated appeals that may become moot. This is the

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Parties’ first request for an extension of the briefing deadline.

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7.

Because of the expedited briefing schedule set in this appeal and the continued

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on-going settlement discussions, the Parties’ stipulated request to extend the briefing

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schedule to focus on settlement is timely.

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STIPULATION

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Good cause existing, the Parties HEREBY STIPULATE AND AGREE:

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8.

That the briefing deadlines shall be extended by 14 days in all instances,

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which would allow the hearing on oral argument to remain on Wednesday, January 17,

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2018 at 10:00 a.m. if the appeals move forward. Accordingly, the Parties agree that the

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new briefing schedule shall be:

ESTES LAW, P.C.
605 Forest Street
Reno, Nevada 89509
[phone]

C:\Users\SmithLaw\Desktop\Stip Cont Brief Sch 112717 hee.wpd

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a.

Friday, December 15, 2017 by 5:00 p.m.

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b.

c.

Deadline for Appellants, Paye and Hall, to file a final reply brief is

Thursday, January 11, 2018 at 5:00 p.m.

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Deadline for Appellees to file answering briefs is Monday, January

1, 2018 by 5:00 p.m.

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Deadline for Appellants, Paye and Hall, to file an opening brief is

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Oral argument set for Wednesday, January 17, 2018 at 10:00 a.m., or

such other date as is convenient to the Court’s calendar.

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IT IS SO STIPULATED.

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DATED this 22nd day of November, 2017.

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ESTES LAW

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/s/ Holly E. Estes
HOLLY E. ESTES, ESQ.
Paul and Evy Paye, LLC

By:

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DATED this 27th day of November, 2017.

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/s/ Frank J. Wright
FRANK J. WRIGHT, ESQ.
Hall CA-NV, LLC

By:

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DATED this 27th day of November, 2017.

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DLA PIPER LLP

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By:

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/s/ Eric Goldberg
ERIC GOLDBERG, ESQ.
Lawrence Investments, LLC

DATED this 26th day of November, 2017.

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PACHULSKI STANG ZIEHL & JONES LLP

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/s/ Shirley S. Cho, Esq.
SHIRLEY S. CHO, ESQ.
Official Committee of Unsecured Creditors

By:
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///

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///

ESTES LAW, P.C.
605 Forest Street
Reno, Nevada 89509
[phone]

C:\Users\SmithLaw\Desktop\Stip Cont Brief Sch 112717 hee.wpd

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DATED this 26th day of November, 2017.
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MUSHKIN CICA COPPEDGE
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By:
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/s/ Dawn M. Cica
DAWN M. CICA, ESQ.
Penta Building Group, LLC

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IT IS SO ORDERED.
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DATED this ____ daydayNovember, 2017.
28th of of November, 2017.

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By:

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UNITED STATES DISTRICT JUDGE or
UNITED STATES MAGISTRATE JUDGE

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ESTES LAW, P.C.
605 Forest Street
Reno, Nevada 89509
[phone]

C:\Users\SmithLaw\Desktop\Stip Cont Brief Sch 112717 hee.wpd

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