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In re 6635 W Oquendo LLC

United States District Court, D. Nevada

December 18, 2019

In re 6635 W Oquendo LLC, Debtor,
v.
6635 W Oquendo LLC, a Nevada limited liability company; The LV Property Investment Irrevocable Trust; Anca Popescu, an Individual; Catalin Popescu, an Individual; Romik Yeghnazary, an Individual; Gasper Meliryan, an Individual; Steve Yarmy, an Individual; and Christopher Craig, an Individual, Defendants. International Property Holdings, LLC, a Nevada limited liability company, Plaintiff, International Property Holdings, LLC, a Nevada limited liability company, Appellant,
v.
6635 W Oquendo LLC, a Nevada limited liability company; The LV Property Investment Irrevocable Trust; Anca Popescu, an Individual; Catalin Popescu, an Individual; Romik Yeghnazary, an Individual; Gasper Meliryan, an Individual; Steve Yarmy, an Individual; and Christopher Craig, an Individual, Appellee(s). USDC No.: 2:19-cv-01961-JCM Adversary No. 19-01097-BTB

         Appeal Reference No. 19-43

          Samuel A. Schwartz, Esq. Troy P. Domina, Esq. Brownstein Hyatt Farber Schreck, LLP Attorneys for the Defendants/Appellees

          Roger P. Croteau, Esq. Timothy E. Rhoda, Esq. Attorneys for Plaintiff/Appellant

          STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES

         Defendants, 6635 W Oquendo LLC, The LV Property Investment Irrevocable Trust, Anca Popescu, Catalin Popescu, Romik Yeghnazary, Gasper Melikyan, Steve Yarmy, and Christopher Craig (collectively, the “Defendants” or “Appellees”), and Plaintiff, International Property Holdings, LLC (the “Plaintiff” or “Appellant”), by and through their undersigned counsel of record, hereby stipulate and agree as follows:

         WHEREAS, on November 6, 2017, 6635 W Oquendo LLC, the debtor in the above-captioned bankruptcy case, commenced a Chapter 11 bankruptcy, No. 17-15953-BTB (the “Bankruptcy Case”) in the United States Bankruptcy Court for the District of Nevada (the “Bankruptcy Court”);

         WHEREAS, on November 9, 2017, Plaintiff filed a complaint in the Eighth Judicial District Court, No. A-17-764417-C (the “State Court Case”), which was amended first on February 16, 2018, and amended a second time on June 10, 2019 (the “Complaint”);

         WHEREAS, on June 25, 2019, the Defendants filed a Motion to Dismiss the Complaint in the State Court Case (the “Motion to Dismiss”) and filed a Notice of Removal of Action and Request for Referral to remove the State Court Case to federal court;

         WHEREAS, following removal, on July 29, 2019, the State Court Case was referred to the Bankruptcy Court;

         WHEREAS, on October 24, 2019, the Bankruptcy Court entered an order to dismissing the Complaint (the “Dismissal Order”);

         WHEREAS, on November 5, 2019, the Plaintiff filed a Notice of Appeal in the United States District Court for the District of Nevada (the “District Court”);

         WHEREAS, on December 6, 2019, the District Court ordered that the Appellant shall file its opening brief (the “Opening Brief”) by December 20, 2019, that the Appellees shall file their answering brief (the “Answering Brief”) by January 3, 2020, and that the Appellant shall file its reply brief (the “Reply Brief”) by January 17, 2020;

         WHEREAS, the parties agreed that the deadlines to file their respective briefs shall be extended;

         NOW, THEREFORE, the parties hereby stipulate and agree to the following, and by the Order concurrently submitted herewith, seek Court approval of the same:

         IT IS HEREBY STIPULATED AND AGREED that the Appellant shall file the Opening Brief on or ...


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