United States District Court, D. Nevada
IN RE RONNIE C. MCKINNEY, and JOAN E. MCKINNEY aka JOAN BLAKE, Debtors
RONNIE C. MCKINNEY, and JOAN E. MCKINNEY aka JOAN BLAKE, Appellees SETERUS, INC., Appellant
from the United States Bankruptcy Court for the District of
WRIGHT, FINLAY & ZAK, LLP, Edgar C. Smith, Esq. Nevada
Bar No. 5506, Attorneys for Appellant, Seterus, Inc.
Christopher P. Burke, Esq. Nevada Bar No. 004093, Attorney
for Appellees, Ronnie C. McKinney and Joan E. McKinney aka
STIPULATION AND ORDER TO CONTINUE BRIEFING
LARRY R. HICKS UNITED STATES DISTRICT COURT JUDGE
Seterus, Inc. and Appellees, Ronnie C. McKinney and Joan E.
McKinney aka Joan Blake (collectively the
“Parties”), by and through they undersigned
attorneys of record, hereby submit the following Stipulation
and Order to continue briefing schedule.
1. This is the Parties' first request for the extension
after the Court issued the Minute Order (“Order”)
on February 19, 2019 [ECF No. 2] and is submitted in good
faith and not intended to cause any delay to the Court.
2. On April 10, 2019 this Court issued its minute order
setting its briefing schedule, with the opening brief due on
April 24, 2019. The underlying proceeding took six days of
testimony and hundreds of pages of relevant documents.
3. This appeal arises from Seterus, Inc.'s Notice of
Appeal [Doc. 249] filed February 14, 2019 from the
“Order Regarding Amended Motion for Contempt”
[Doc. 243] and is assigned Appeal Reference No. 19-07 and No.
4. Seterus, Inc. also filed a Notice of Appeal [Doc. #280]
arises from the “Order Granting Motion for
Attorney's Fees and Costs Against Seterus, Inc.”
[Doc. #270]. That appeal is assigned Appeal Ref. No. 19-14
and No. 3:19-cv-00187MMD.
5. On April 23, 2019, Appellant filed its motion to
consolidate the two appeals. A courtesy copy is attached as
Exhibit A. Both appeals arise from the same proceeding, two
different motions. As both orders were rendered in the same
proceeding, the matters should be consolidated, thereby
saving judicial resources and the parties' time and
resources. The appeal will otherwise address many of the same
issues with the latter appeal based on the reasons set forth
in the original appeal.
6. The parties stipulate to move the briefing schedules out
until after the Court has ruled on the Motion, with the
parties proposing new briefing dates beginning in 3-4 weeks
from today, as the court so directs.
7. The opening brief in the related proceeding, Appeal Ref.
#19-14 is due on May 17, 2019.
8. The parties have not previously sought an extension of