New Bankruptcy Opinion: IN RE INNOCENTI, LLC – Dist. Court, ND California, 2016

In re: INNOCENTI, LLC, Debtor.

PIVOT POINT PARTNERS, LLC, Appellant,

v.

INNOCENTI, LLC, Appellee.

No. 15-cv-04125-EMC.

United States District Court, N.D. California.

January 19, 2016.

STIPULATION TO EXTEND TIME FOR FILING BRIEFS

EDWARD M. CHEN, District Judge.

COMES NOW, PIVOT POINT PARTNERS, LLC (“Pivot Point”) by and through its attorneys of record, Tiemstra Law Group, PC; E. Lynn Schoenmann, (the “Coyle Trustee”), by and through her attorneys of record; and Barry Milgrom, (the “Innocenti Trustee”), by and through his attorneys of record, and stipulate as follows:

WHEREAS, on September 8, 2015, Pivot Point filed a Notice of Appeal pursuant to 28 U.S.C. § 158(a) or (b) from the judgment, order, or decree of the Honorable Hannah L. Blumenstiel, United States Bankruptcy Judge, entitled Order Denying Motion for Relief from Stay entered on August 24, 2015;

WHEREAS, on September 8, 2015, Pivot Point filed a Statement of Election to Appeal to the District Court;

WHEREAS, on October 15, 2015, the Record on Appeal in was entered in the docket of this Court;

WHEREAS, on October 15, 2015, a scheduling order (the “Scheduling Order”) was issued which advised the parties that appellant’s brief was to be filed and served on or before November 16, 2015 (the “Opening Brief Deadline”), the appellee’s brief was to be filed and served 20 days after service of appellant’s brief, and appellant’s reply brief was to be filed and served within 10 days after service of appellee’s brief;

WHEREAS, around the time of the Scheduling Order deadlines, the parties were engaged in mediation through the United States Bankruptcy Court for the Northern District of California’s Bankruptcy Dispute Resolution Program (“BDRP”) (see Bankr. Local Rules 9040-1 et seq.), in an attempt to reach a global compromise of issues arising from the In re Innocenti and WB Coyle bankruptcy cases;

WHEREAS, the subject of the within appeal is part of the global settlement discussion;

WHEREAS, given the then pending mediation, and in the interests of efficiency and judicial economy, the parties entered into a Stipulation to Extend Time for Filing Brief (Docket No. 5, filed Nov. 11, 2015), and this Court entered an Order extending the time to file the Opening Brief for sixty (60) days (Docket No. 6, entered, Nov. 13, 2015);

WHEREAS, the parties have now reached a global settlement and that settlement is being documented in preparation for approval by the Bankruptcy Court;

WHEREAS, the settlement contemplates dismissal of this appeal;

WHEREAS, the parties agree that in the interests of efficiency and judicial economy, the Opening Brief Deadline should be extended for an additional sixty (60) days to allow documentation of the settlement agreement and approval by the Bankruptcy Court;

WHEREAS, all other deadlines set forth in the Scheduling Order shall remain the same; and

WHEREAS, the proposed order is attached hereto as Exhibit “A” and made a part hereof.

NOW, THEREFOR, IT IS HEREBY STIPULATED AND AGREED, by and between Pivot Point, the Coyle Trustee, and the Innocenti Trustee, by and through their respective counsels of record, and in consideration of the forgoing, that the Opening Brief Deadline in the above-captioned appeal, shall be extended sixty (60) days.

EXHIBIT A

JAMES A. TIEMSTRA (Bar No. 96203)
LISA LENHERR (Bar No. 258091)
TIEMSTRA LAW GROUP, PC
1111 Broadway, Suite 1501
Oakland, CA 94607-4036
Telephone No. (510) 987-8000
Facsimile No. (510) 987-7219
E-mail: [email protected]

Attorneys for Appellant
PIVOT POINT PARTNERS, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

In re:

INNOCENTI, LLC, No. 15-cv-04125-EMC

Debtor.

PIVOT POINT PARTNERS, LLC,
ORDER APPROVING STIPULATION TO
Appellant, EXTEND TIME FOR FILING BRIEFS
v.

INNOCENTI, LLC
Appellee.

Upon the annexed Stipulation to Extend Time for Filing Briefs, the Court having reviewed the papers on file herein, being fully advised thereby and good cause appearing therefor,

IT IS HEREBY ORDERED, that the aforesaid Stipulation be, and the same is hereby, approved and adopted in its entirety as the order of this Court.

IT IS SO ORDERED:

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