In Re: The D&M Capital Group, LLC

Filing 12

ORDER granting 9 Letter Motion for Extension of Time to File. Appellant's request is hereby GRANTED. Appellant is hereby ORDERED to serve Radwan with the instant order and file proof of service by no later than July 26, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/22/2021) (rj)

Case 1:21-cv-05001-ALC Document 12 Filed 07/22/21 Page 1 of 2

PLATZER, SWERGOLD,
GOLDBERG, KATZ & JASLOW, LLP

07/22/2021

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July 21, 2021

Via ECF and email:
[e-mail]
Hon. Andrew L. Carter, Jr.
United States District Court
40 Foley Square, Room 435
New York, New York 10007
Re:

The D&M Capital Group, LLC (the “Debtor”)
Case No. 21-cv-05001 (ALC)

Dear Judge Carter,
This firm represents Shanghai Pearls & Gems, Inc. d/b/a Ultimate Diamond Co., the
appellant (“Appellant”) in the above-referenced bankruptcy appeal of an Order Approving a
Settlement between Alan Nisselson, Chapter 7 Trustee of the bankruptcy estate of The D&M
Capital Group, LLC (the “Trustee”) and Radwan Diamond & Jewellery Trading (“Radwan”).
By a Memo Endorsed Order dated June 11, 2021, Appellant’s Brief in this matter is
currently due to be filed on or before August 11, 2021.
We are writing to request an approximate 60-day extension of the time to file Appellant’s
Brief. We are aware that your Honor’s Individual Rules provide for submission of a Stipulation
to reschedule dates by which briefs are due, however, counsel that was previously representing
Radwan in the Debtor’s bankruptcy case has been given permission to withdraw as its counsel,
and to our knowledge no successor counsel has appeared. Radwan is located in the United Arab
Emirates and for the time being, the only form of communication with it is through U.S. Registered
Mail. Thus, we cannot obtain a Stipulation by all involved parties.
In addition, the Bankruptcy Court has directed that the Trustee, Appellant, Radwan, and
other interested creditors in the Debtor’s on-going bankruptcy case all take part in a mediation in
an attempt to arrive at a global settlement of the issues that are present in the bankruptcy case,
including the issues raised by this appeal. That process is continuing, and Appellant believes
efforts made toward resolution would be prudent in this matter.

Case 1:21-cv-05001-ALC Document 12 Filed 07/21/21 Page 2 of 2
Case 1:21-cv-05001-ALC Document 9 Filed 07/22/21 Page 2 of 2
Accordingly, it is respectfully requested that an approximate 60-day extension of time to
Wednesday, October 14, 2021, to file Appellant’s Brief, be granted. The Trustee has authorized
Appellant to advise the Court of his consent to the extension. Appellant also respectfully requests
that such an extension be without prejudice to requesting further extensions based on the progress
of the mediation and other facts and circumstances relevant to potential settlement of the matter.

Respectfully,
PLATZER, SWERGOLD,
GOLDBERG, KATZ & JASLOW, LLP
By: /s/ Andrew S. Muller
Andrew S. Muller
cc:

Les Barr, Esq., counsel for Trustee (via email)
Radwan Diamond & Jewellery Trading (via U.S. Registered Mail)
Appellant's request is hereby GRANTED. Appellant is hereby
ORDERED to serve Radwan with the instant order and file proof of
service by no later than July 26, 2021.

Dated: July 22, 2021