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In re Lake At Las Vegas Joint Venture, LLC

United States District Court, D. Nevada

April 10, 2018

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. CREDIT SUISSE, Appellant,
v.
LARRY LATTIG, CREDITOR TRUSTEE OF THE LLV CREDITOR TRUST Appellee. Nos. 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

          GARMAN TURNER GORDON LLP William M. Noall Attorney for Credit Suisse

          SIDLEY AUSTIN LLP Elizabeth W. Walker Attorneys for Credit Suisse

          LEWIS ROCA ROTHGERBER CHRISTIE LLP Robert M. Charles, Jr. Co-Counsel for the LLV Credit Trust

          COLE SCHOTZ P.C.Jacob S. Frumkin Attorney for the Highland Entities

          THIRD STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE TO FACILITATE MEDIATION

         Credit 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 follows:

RECITALS
a. On 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.
b. On December 29, 2017, this Court issued an Order [ECF No. 31] extending the deadlines contained in the Minute Order to March 2, 2018, April 6, 2018, and April 20, 2018, respectively, to facilitate the Parties' planned mediation with the Honorable Gregg W. Zive.
c. On January 23, 2018 the Parties mediated the disputes involved in what is referred to by the Parties and the United States Bankruptcy Court for the District of Nevada as the "Indemnification Dispute, " which include this appeal. The mediation included approximately 46 additional parties with financial interests in the Indemnification Dispute, but who have yet to make an appearance in the appeal and thus are not Parties to this Stipulation and Order.
d. On March 2, 2018, the Parties submitted their Second Stipulation and Order to Extend Briefing Schedule to Facilitate Mediation [ECF No. 32] (“Extension Stipulation”) as the Parties needed additional time (the, “Extension Period”) to document and implement the agreements made at mediation.
e. On March 30, 2018, this Court issued an order [ECF No. 33] granting the Extension Stipulation thereby extending the deadlines to April 6, 2018, May 4, 2018 and May 18, 2018.
f. Since the Parties entered into the Extension Stipulation, they have continued negotiating the documentation to implement the agreements made at mediation, including documentation that will allow the termination of this appeal. However, primarily due to the fact that several of the attorneys representing Parties were engaged in unrelated trials during the Extension Period that ran much longer than they originally expected, and the additional fact that it took more time than anticipated to obtain the additional 46 interested parties' updated contact information, the Parties have not yet obtained the necessary order from Judge Nakagawa that will in turn facilitate the dismissal of this appeal by the April 6, 2018 briefing deadline. Though the Parties believe they should have the papers to dismiss this appeal filed within about thirty (30) days, out of an abundance of caution, they hereby seek a sixty (60) day extension of the briefing deadlines to avoid the need for further extensions of time from this Court.
g. The Parties do not wish to expend further resources on this appeal pending its dismissal.
h. In 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 ...

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