Opinion
Case No. 2:11-CV-1580 MMD-RJJ
03-06-2013
EVE BORTON, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. INTERSTATE ACQUISITIONS, LLC, a Delaware limited liability company; INTERSTATE PLUMBING & AIR CONDITIONING, LLC, a Nevada limited liability company; PIPEWRENCH II, INC., a Delaware Corporation; G-2 CAPITAL ADVISORS, business entity form unknown; SANKATY ADVISORS, LLC, a Delaware limited liability company; and DOES 1-100, inclusive Defendants.
JAMES A. MANGIONE, ESQ. Pro Hac Vice WINGERT GREBING BRUBAKER & GOODWIN LLP JAY KENYON, ESQ. YAN KENYON Attorneys for Plaintiff EVE BORTON DANIEL L. THIEME, ESQ. Pro Hac Vice LITTLER MENDELSON, P.C. ROGER L. GRANDGENETT II, ESQ. RACHELLE L. WILLS, ESQ. Pro Hac Vice Attorneys for Defendants PIPEWRENCH II, INC., G-2 PARTNERS, LLC (f/k/a G2 Capital Advisors, LLC) and SANKATY ADVISORS, LLC
ROGER L. GRANDGENETT II, ESQ., Bar # 6323
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone: 702.862.8800
Fax No.: 702.862.8811
DANIEL L. THIEME, ESQ., Bar # 12855
Pro Hac Vice
RACHELLE L. WILLS, ESQ., Bar # 34237
Pro Hac Vice
LITTLER MENDELSON, P.C.
600 University Street, Suite 3200
Seattle, WA 98101-3122
Telephone: 206.623.3300
Fax No.: 206.447.6965
Attorneys for Defendants
PIPEWRENCH II, INC., G2 PARTNERS, LLC (f/k/a G2 Capital
Advisors, LLC), and SANKATY ADVISORS, LLC
JOINT STATUS REPORT
The parties file this Joint Status Report, as previously directed by the Court.
As the parties previously advised the Court, the parties have finalized and fully executed a settlement agreement that, subject to court approval, resolves both (a) the issues in this case and (b) the issues in Plaintiff's Adversary Action in the United States Bankruptcy Court, District of Nevada, against the Debtor Defendants Interstate Plumbing & Air Conditioning, LLC and Interstate Acquisitions, LLC.
The parties are working cooperatively to prepare appropriate motion papers to obtain approval of the settlement pursuant to FRCP 23 and the bankruptcy court rules. As part of that process, Plaintiff on February 5, 2013, lodged with the United States Bankruptcy Court, District of Nevada, her Unopposed Motion for Withdrawal of the Reference. That Motion was transferred to this Court for decision on February 28th, 2013. The Motion seeks withdrawal of the reference from the bankruptcy court of the issues related to the court approval of this settlement, so that all aspects of the settlement may be reviewed at one time by this Court.
Assuming this Court approves the withdrawal of the bankruptcy reference, the parties intend to file appropriate settlement approval motions with this Court promptly thereafter.
The parties therefore request the Court enter the attached Proposed Order, to continue to hold all deadlines in abeyance and order the parties to file an updated Status Report with the Court on or before April 5, 2013. _______________________
JAMES A. MANGIONE, ESQ.
Pro Hac Vice
WINGERT GREBING BRUBAKER &
GOODWIN LLP
____________________
JAY KENYON, ESQ.
YAN KENYON
Attorneys for Plaintiff
EVE BORTON
____________________
DANIEL L. THIEME, ESQ.
Pro Hac Vice
LITTLER MENDELSON, P.C.
ROGER L. GRANDGENETT II, ESQ. RACHELLE L. WILLS, ESQ.
Pro Hac Vice
Attorneys for Defendants
PIPEWRENCH II, INC., G-2 PARTNERS, LLC
(f/k/a G2 Capital Advisors, LLC) and SANKATY
ADVISORS, LLC
CERTIFICATE OF SERVICE
I am a resident of the State of Washington, over the age of eighteen years, and not a party to the within action. My business address is One Union Square, 600 University Street, Suite 3200, Seattle, Washington 98101.3122. On March 6, 2013, I served the within document:
JOINT STATUS REPORT[×] By CM/ECF Filing - Pursuant to FRCP 5(b)(3) and LR 5-4, the above-referenced document was electronically filed and served upon the parties listed below through the Court's Case Management and Electronic Case Filing (CM/ECF) system:
Jay A. Kenyon, NV #6376
Yan Kenyon
7881 West Charleston
Suite 165
Las Vegas, NV 89117
Phone: 702.888.0000
Fax: 702.888.0011
Attorneys for Plaintiff
Stephen C. Grebing
sgrebing@wingertlaw.com
James A. Mangione, Pro Hac Vice
jmangione@wingertlaw.com
Wingert Grebing Brubaker & Juskie LLP
One America Plaza
600 West Broadway, Suite 1200
San Diego, CA 92101
Phone: 619.232.8151
Fax: 619.232.4665
Attorneys for Plaintiff
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 6, 2013, at Seattle, Washington.
____________________
Sally Swearinger
sswearinger@littler.com
LITTLER MENDELSON, P.C.
ROGER L. GRANDGENETT II, ESQ., Bar # 6323
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone: 702.862.8800
Fax No.: 702.862.8811
DANIEL L. THIEME, ESQ., WSBA Bar # 12855
RACHELLE L. WILLS, ESQ., WSBA Bar # 34237
LITTLER MENDELSON, P.C.
One Union Square
600 University St., Suite 3200
Seattle, WA 98101-3122
Telephone: 206.623.3300
Fax No. 206.447.6965
Admitted Pro Hac Vice
Attorneys for Defendants
PIPEWRENCH II, INC., G-2 PARTNERS, LLC (f/k/a G2 Capital
Advisors, LLC) and SANKATY ADVISORS, LLC
EVE BORTON, Individually and on
Behalf of all Others Similarly Situated, Plaintiff,
v. INTERSTATE ACQUISITIONS, LLC, a
Delaware limited liability company;
INTERSTATE PLUMBING & AIR
CONDITIONING, LLC, a Nevada limited
liability company; PIPEWRENCH II,
INC., a Delaware Corporation; G-2
CAPITAL ADVISORS, LLC, a Delaware
limited liability company; SANKATY
ADVISORS, LLC, a Delaware limited
liability company; and DOES 1-100,
inclusive, Defendants.
Case No. Case No. 2:11-cv-01580-JCM-RJJ
ORDER TO CONTINUE TO
HOLD CASE DEADLINES IN ABEYANCE
AND TO FILE UPDATED STATUS
REPORT ON APRIL 5, 2013
It is hereby ordered that all case deadlines will continue to be held in abeyance and the parties will file an updated Status Report with the Court on or before April 5, 2013.
IT IS SO ORDERED.
________________________________________
UNITED STATES DISTRICT/MAGISTRATE
JUDGE
CERTIFICATE OF SERVICE
I am a resident of the State of Washington, over the age of eighteen years, and not a party to the within action. My business address is One Union Square, 600 University Street, Suite 3200, Seattle, Washington 98101.3122. On March 6, 2013, I served the within document:
[PROPOSED] ORDER TO CONTINUE TO HOLD CASE DEADLINES IN ABEYANCE AND TO FILE UPDATED STATUS REPORT ON APRIL 5, 2013[×] By CM/ECF Filing - Pursuant to FRCP 5(b)(3) and LR 5-4, the above-referenced document was electronically filed and served upon the parties listed below through the Court's Case Management and Electronic Case Filing (CM/ECF) system:
Jay A. Kenyon, NV #6376
Yan Kenyon
7881 West Charleston
Suite 165
Las Vegas, NV 89117
Phone: 702.888.0000
Fax: 702.888.0011
Attorneys for Plaintiff
Stephen C. Grebing
sgrebing@wingertlaw.com
James A. Mangione, Pro Hac Vice
jmangione@wingertlaw.com
Wingert Grebing Brubaker & Juskie LLP
600 West Broadway, 7th Floor
San Diego, CA 92101
Phone: 619.232.8151
Fax: 619.232.4665
Attorneys for Plaintiff
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 6, 2013, at Seattle, Washington.
____________________
Sally Swearinger
sswearinger@littler.com
LITTLER MENDELSON, P.C.