D.A.N. Joint Venture III, L.P. v. L.L. Murphrey Company et al

Filing 19

ORDER granting 15 Motion to Stay. Counsel should read order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 3/22/2012. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

No. 4: 12-CV-35-D

D.A.N. JOINT VENTURE III,
L.P.,
Appellant,
VS.
L.L. MURPHREY COMPANY,
ETAL.,
Appellees.

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AGREED ORDER ON MOTION FOR STAY OF BRIEFING

ON APPEAL AND ESTABLISHING DEADLINES FOR FILING BRIEFS

Before the Court is Appellant D.A.N. JOINT VENTURE III, L.P.'s ("DJV") Emergency

Motion for Stay of Briefing on Appeal Pending Decision by Bankruptcy Court on Rule 60(b)
Motion for Reconsideration (Dkt No. 15) (the "Motion"). The parties have indicated to the
Court, by virtue of the signatures of respective counsel below, that they have resolved the
Motion by agreeing to entry of this Order establishing specific deadlines by which the parties
shall file their respective briefs on appeal.
Accordingly, it is ORDERED, as follows:
1. The Motion shall be GRANTED but only as set forth herein.
2. DN's opening brief, as the appellant in this appeal, shall be filed on or before May
15,2012.
3. Appellees L.L. Murphrey Company, et al.'s, opening brief in response to the brief
filed by DN shall be filed on or before June 5,2012.

4. DN's brief in reply to Appellees opening response brief shall be filed on or before
June 15,2012.

SO ORDERED. This 1b day of March 2012.

:rsc:DEVER III
Chief United States District Judge

AGREED:
CANTEY HANGER LLPI
By:

lsI Bruce W. Akerly

Bruce W. Akerly

Texas Bar No. 00953200

[e-mail]

Arthur A. Stewart

Texas BarNo. 19203500

[e-mail]

1999 Bryan Street, Suite 3300

Dallas, Texas 75201

Telephone: [phone]

Facsimile: [phone]

lsI A. Scott McKellar
A. Scott McKellar

NC State Bar No. 27965

[e-mail]

Battle, Winslow, Scott & Wiley, P.A.
2343 Professional Drive
P. O. Box 7100

Rocky Mount, North Carolina 27804-0100

Telephone: [phone]

Facsimile: [phone]

Local Rule 83.1 Counsel

ATTORNEYS FOR APPELLANT D.A.N. JOINT
VENTURE III, L.P.

1 The firm of Cantey Hanger LLP and it counsel were substituted for prior counsel representing DN in the Action.
(See Adv. Dkt. No. 62). T he undersigned counsel and Cantey Hanger LLP will seek leave of this Court to appear in

this matter on a pro hac vice basis.

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STUBBS & PERDUE, P A
By:

lsi Trawick H. Stubbs, Jr.
Trawick H. Stubbs, Jr.
N.C. State Bar No. 4221

310 Craven St.
P.O. Drawer 1654
New Bern, NC 28563
[phone] Telephone
WHITE & ALLEN, P.A.
By:

lsi John P. Marshall
John P. Marshall
N.C. State Bar No. 16732

P.O. Box 3169
Kinston, NC 28502
[phone] Telephone
ATTORNEYS FOR APPELLEES
L.L. MURPHREY COMPANY, ET AL.

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