United States District Court, D. Nevada
In re LAKE AT LAS VEGAS JOINT VENTURE, LLC; LLV-1, LLC; LLV HOLDCO, LLC; LAKE LAS VEGAS PROPERTIES, LLC; LLV FOUR CORNERS, LLC; NORTHSHORE GOLF CLUB LLC; P-3 AT MONTELAGO VILLAGE LLC; THE GOLF CLUB AT LAKE LAS VEGAS LLC; MARINA INVESTORS LLC; THE VINEYARD AT LAKE LAS VEGAS LLC; LLVVHI LLC; TCH DEVELOPMENT LLC; TC TECHNOLOGIES LLC; SOUTHSHORE GOLF CLUB LLC NEVA HOLDINGS LLC Jointly Administered Reorganized Debtors.
LARRY LATTIG, CREDITOR TRUSTEE OF THE LLV CREDITOR TRUST, ET AL. Appellees. CREDIT SUISSE, Appellant,
Ref. No. 17-27
from Case No. BK-S-08-17814-MKN BK 08-17815 MKN BK 08-17832
MKN BK 08-17817 MKN BK 08-17835 MKN BK 08-17820 MKN BK
08-17837 MKN BK 08-17822 MKN BK 08-17841 MKN BK 08-17825 MKN
BK 08-17842 MKN BK 08-17827 MKN BK 08-17844 MKN BK 08-17830
MKN BK 08-17845 MKN
AUSTIN LLP Elizabeth W. Walker, GARMAN TURNER GORDON LLP,
William M. Noall, Attorneys for Credit Suisse AG, Cayman
Islands Branch, formerly known as Credit Suisse, Cayman
Islands Branch (as successor to Credit Suisse First Boston,
Cayman Islands Branch); Credit Suisse Securities (USA) LLC
(formerly known as Credit Suisse First Boston LLC); and
Credit Suisse AG (collectively, “Credit Suisse”
STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE TO
FACILITATE MEDIATION AND CORRECT PARTIES TO THE
Suisse, by and through its undersigned counsel, Elizabeth W.
Walker of the law firm Sidley Austin LLP and William M. Noall
of the law firm Garman Turner Gordon LLP, Larry Lattig, as
Creditor Trustee (the “Creditor
Trustee”) of the LLV Creditor Trust, by and
through his attorneys, Robert M. Charles, Jr. of the law firm
Lewis Roca Rothgerber Christie LLP and Gary Cruciani, Jr. of
the law firm McKool Smith, P.C., and Highland Floating Rate
Opportunities Fund and NexPoint Credit Strategies Fund
(together, the “Highland Entities” and,
collectively with the Creditor Trustee, the
“Appellees”) by and through their
attorneys, Jacob S. Frumkin and Michael D. Warner of the law
firm Cole Schotz P.C. and Samuel A. Schwartz of the law firm
Schwartz Flansburg PLLC (collectively, the
“Parties”), stipulate and agree as
December 12, 2017, this Court issued a Minute Order [ECF No.
27] (the “Minute Order”) setting the
deadlines for Appellant to file and serve an opening brief,
for Appellee(s) to file and serve an answering brief, and for
Appellant to file and serve a reply brief. The deadlines set
in the Minute Order are December 26, 2017, January 9, 2018,
and January 23, 2018, respectively.
During the past month or so, the Parties have met and
conferred and determined to globally mediate all of the
disputes involved in what is referred to by both the Parties
and the United States Bankruptcy Court for the District of
Nevada as the “Indemnification Dispute, ” which
includes this appeal. Resolution of the Indemnification
Dispute would pave the way to close all the above-referenced
bankruptcy cases, which have been pending since 2008.
Parties agreed on a mediator and the Honorable Gregg W. Zive
has confirmed he will conduct a mediation between the Parties
to resolve the Indemnification Dispute in late January 2018.
Parties do not wish to expend further resources on this
appeal at this time, as significant work will be required to
prepare for mediation, including compiling time and cost
summaries constituting the amounts sought in connection with
the Claymore litigation, and review of same, further
settlement negotiations and preparation of mediation
statements and for mediation.
view of the foregoing and consistent with Bankruptcy Rule
8009, made applicable to this appeal pursuant to LR 8018, the
Parties have further met and conferred regarding an extension
of the current briefing schedule.
Additionally, the Parties have realized that Claymore
Holdings, LLC was mistakenly included as a party interested
in this appeal as well as the Indemnification Dispute before
the Bankruptcy Court and desire to correct the record in this
upon the above Recitals and subject to the entry of an order
by this Court approving this ...