New Bankruptcy Opinion: IN RE CAREFREE WILLOWS, LLC – Dist. Court, D. Nevada, 2015

In re CAREFREE WILLOWS, LLC, Debtor.

WILLOWS ACCOUNT, LLC, Appellant,

v.

AG/ICC WILLOWS LOAN OWNER, LLC et al., Appellees.

CAREFREE WILLOWS, LLC, Appellant,

v.

AG/ICC WILLOWS LOAN OWNER, LLC et al., Appellees.

Case Nos. 2:14-cv-00637-RFB, 2:14-cv-00652-RFB, 2:14-cv-00654-RFB, 2:14-cv-00656-RFB

United States District Court, D. Nevada.

July 13, 2015.

COOLEY LLP, ALI M. M. MOJDEHI, JANET D. GERTZ, San Diego, CA, Attorneys for Appellee, AG/ICC WILLOWS LOAN OWNER, LLC.

DOWNEY BRAND LLP, JAMIE P. DREHER, Attorneys for Appellant, WILLOWS ACCOUNT, LLC.

LAW OFFICES OF ALAN R. SMITH, ALAN R. SMITH, Attorneys for Appellant, CAREFREE WILLOWS, LLC.

STIPULATION RE STATUS REPORTING

RICHARD F. BOULWARE, II, District Judge.

This Stipulation is entered into by and among Appellee AG/ICC Willows Loan Owner, LLC (“AG”), through its counsel, Ali M.M. Mojdehi, Esq., of Cooley, LLP; and Appellant in Case Numbers 14-cv-00654 and 14-cv-00656, CAREFREE WILLOWS, LLC (“Debtor”), through its counsel, Alan R. Smith, Esq., of the Law Offices of Alan R. Smith; and Appellant in Case Numbers 14-cv-00637 and 14-cv-00652, WILLOWS ACCOUNT, LLC (“Willows Account”), through its counsel, Michael D. Knox of Downey Brand LLP as follows: [1]

1. A status conference was held in the four above-captioned appeals on December 12, 2014. Thereafter, the Court ordered that the parties file a joint status report setting out each party’s “position as to whether the briefing schedule should commence.” [See, e.g., Case No. 14-cv-00637, Doc. No. 49.] The parties proceeded to file three Omnibus Joint Status Reports in these appeals advising the Court of the status of the Debtor’s bankruptcy case currently pending before the United States Bankruptcy Court for the District of Nevada (“Bankruptcy Court”), from which each of the appeals arises. [See, e.g., id., Doc. 52, 54, 56.] As detailed in each of the status reports, the Bankruptcy Court has not yet ruled on plan confirmation. As such, the Debtor and Willows Account requested extensions of the time to submit to this Court whether briefing should commence in these appeals pending the Bankruptcy Court’s ruling on confirmation.

2. On March 31, 2015, the Court entered orders directing that the parties “file a status report within seven days following the Bankruptcy Court’s issuance of decisions on plan confirmation, but no later than” May 15, 2015. [See, e.g., id., Doc. 58.] The Court also directed the parties to “file future requests as separate motions or stipulations, as appropriate.” [Id.]

3. On May 15, 2015, the parties filed their fourth Omnibus Joint Status Report. [See, e.g., id. Doc. No. 59.] The fourth joint report set out that the Bankruptcy Court held a status conference on May 13, 2015 to address plan confirmation and advised at that hearing that it would rule on the Debtor’s and AG’s respective plans by no later than May 22, 2015. The fourth joint report also stated that it “remains the position of the Debtor and Willows Account that until the parties receive the orders from the Bankruptcy Court on plan confirmation; it cannot be determined by the Debtor and Willows Account which appeals will need to be prosecuted, or the manner in which the appellate proceedings should proceed.” [Id.] Thus, the Debtor and Willows Account requested that the time for filing a status report be extended until seven days following the Bankruptcy Court’s issuance of decisions on plan confirmation, but no later than June 2, 2015. [Id.] AG did not oppose the request. The fourth joint report also indicated that, in accordance with the Court’s order, the parties would submit motions or stipulations as appropriate.

4. As of the time of this filing, the Bankruptcy Court has not issued any rulings on plan confirmation. AG has requested that the Bankruptcy Court hold a status conference to address plan confirmation give, among other things, the Bankruptcy Court’s statement that it would rule by May 22. AG’s request for a status conference has not yet been granted or denied.

5. As submitted to the Court in the past, it remains the position of the Debtor and Willows Account that until the parties receive the orders from the Bankruptcy Court on plan confirmation; it cannot be determined by the Debtor and Willows Account which appeals will need to be prosecuted, or the manner in which the appellate proceedings should proceed.

6. AG does not oppose further extension of the time to report the status of the bankruptcy case to this Court. AG reserves all rights to move to dismiss the four above-captioned appeals as well as appeal Case No. 15-cv-00581, and is anticipating doing so on grounds that all five appeals are interlocutory.

7. AG proposed that the Parties should seek a status conference before this Court, but the Debtor and Willows Account did not agree and so, the Parties leave it to the Court’s discretion. The Debtor believes that a status conference would be wasteful of attorney time and Court time because the Bankruptcy Court has yet to rule, despite multiple promises to do so. AG believes it would be beneficial to discuss the status of these appeals and the Bankruptcy Case in a conference before this Court and seek further guidance particularly where the above-captioned appeals have been pending for over a year.

8. The Parties agree that the time for filing a status report should be extended until seven days following the Bankruptcy Court’s issuance of decisions on plan confirmation, but no later than July 24, 2015.

IT IS SO ORDERED.

[1] The parties note that on May 13, 2015, The Honorable Judge Jennifer A. Dorsey entered an order reassigning an additional appeal, Case No. 15-cv-00581-RFB, arising from the Debtor’s bankruptcy case. [See Case No. 15-cv-00581-RFB, Doc. 16.]

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