In Re: The D&M Capital Group, LLC
Filing
8
ORDER granting 5 Letter Motion for Extension of Time to File. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 6/11/2021) (nb)
PLATZER, SWERGOLD,
GOLDBERG, KATZ & JASLOW, LLP
06/11/2021
COUNSELORS AT LAW
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If checked, reply to
New Jersey Office
June 10, 2021
Via ECF and email:
ALCarterNYSDChambers@nysd.uscourts.gov
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”).
We were notified that Appellant’s Brief was scheduled to be filed in this matter by July 7,
2021, and are writing to request an approximate 30-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 has started and Appellant sees no reason
not to let the mediation process proceed. Further, the attorneys who will be taking part in drafting
Appellant’s Brief previously, and separately, had scheduled vacation time later this month and in
July leading up to the July 4 holiday weekend.
Case 1:21-cv-05001-ALC Document 5 Filed 06/10/21 Page 2 of 2
Accordingly, it is respectfully requested that an approximate 30-day extension of time to
Wednesday, August 11, 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)
Dated: June 11, 2021
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