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In re McKinney

United States District Court, D. Nevada

May 21, 2019

IN RE RONNIE C. MCKINNEY, and JOAN E. MCKINNEY aka JOAN BLAKE, Debtors
v.
RONNIE C. MCKINNEY, and JOAN E. MCKINNEY aka JOAN BLAKE, Appellees SETERUS, INC., Appellant

          Appeal from the United States Bankruptcy Court for the District of Nevada

          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 Joan Blake

          STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE

          HON. LARRY R. HICKS UNITED STATES DISTRICT COURT JUDGE

         Appellant, 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. 3:19-cv-00089-LRH
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 time ...

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