Opinion
2:10-cv-00930-PMP-PAL
05-06-2013
JOHN P. BRINCKO, as Chapter 11 Trustee of Debtor National Consumer Mortgage, LLC, Plaintiff, v. RIO PROPERTIES INC., Defendant.
JOHN R. BAILEY Nevada Bar No. 000137 DENNIS L. KENNEDY Nevada Bar No. 001462 BAILEY KENNEDY BIJAN AMINI (Admitted Pro Hac Vice ) LITA BETH WRIGHT (Admitted Pro Hac Vice ) STORCH AMINI & MUNVES PC Attorneys for Plaintiff JOHN P. BRINCKO, as Chapter 11 Trustee Of Debtor National Consumer Mortgage, LLC JAMES D. BOYLE Nevada Bar No. 08384 COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON & THOMPSON JAMES P. FOGELMAN Nevada Bar No, 9803 SHANNON E. MADER (Admitted Pro Hac Vice ) GIBSON, DUNN & CRUTCHER LLP Attorneys for Defendant RIO PROPERTIES, INC.
JOHN R. BAILEY
Nevada Bar No. 000137
DENNIS L. KENNEDY
Nevada Bar No. 001462
BAILEY KENNEDY
BIJAN AMINI (Admitted Pro Hac Vice)
LITA BETH WRIGHT (Admitted Pro Hac
Vice)
STORCH AMINI & MUNVES PC
Attorneys for Plaintiff
JOHN P. BRINCKO, as Chapter 11
Trustee Of Debtor National Consumer
Mortgage, LLC
JAMES D. BOYLE
Nevada Bar No. 08384
COTTON, DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
JAMES P. FOGELMAN
Nevada Bar No, 9803
SHANNON E. MADER (Admitted Pro Hac
Vice)
GIBSON, DUNN & CRUTCHER LLP
Attorneys for Defendant
RIO PROPERTIES, INC.
[PROPOSED] STIPULATION AND
ORDER
WHEREAS, pursuant to this Court's Order, entered on January 14, 2013 (Dkt. No. 247) (the "Order"), the Court granted in part defendant Rio Properties, Inc.'s (the "Rio") Motion in Limine to Exclude the Expert Testimony of Robert Leahy (Dkt. No. 204) only to the extent that the Court allowed it to recover the reasonable costs and attorneys' fees associated with the first deposition of Robert Leahy;
WHEREAS, the Order directed the parties to appear for a settlement conference in this matter before the Honorable Peggy A. Leen (the "Settlement Conference");
WHEREAS, the Order directed the Rio to file a memorandum, supported by an affidavit of counsel, setting forth the amount of fees and costs incurred in connection with the Leahy-Deposition within fourteen (14) days after the Settlement Conference if no settlement was reached;
WHEREAS, pursuant to the Order, a settlement conference was held before the Honorable Peggy A. Leen on April 11, 2013, and no settlement was reached;
WHEREAS, the Rio filed its Memorandum of Fees and Costs, with a supporting affidavit of counsel, on April 25, 2013;
WHEREAS, the parties wish to resolve the issue of the amount of fees and costs to be awarded in connection with the Leahy Deposition pursuant to the Order without burdening the Court or the parties with further briefing or motion practice;
IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff John P. Brincko (the "Trustee"), as Chapter 11 Trustee of Debtor National Consumer Mortgage, LLC (the "Debtor") and the Rio, by and through their respective undersigned counsel, as follows:
1. Defendant is awarded costs and attorneys' fees in the total amount of $5,000.00 in connection with the Leahy Deposition;
2. Enforcement of the costs and attorneys' fees awarded pursuant to this Stipulation and Order shall be stayed until judgment is entered. The Rio shall be entitled to
an offset for the costs and fees awarded herein against any judgment entered in favor of the Trustee. The costs and attorneys' fees awarded herein shall be assessed as an allowable cost against the Debtor's Estate in the event judgment is entered in favor of the Rio.
BAILEY KENNEDY
and
STORCH AMINI & MUNVES PC
____________
BIJAN AMINI, ESQ.
Attorneys for Plaintiff JOHN P. BR1NCK0, as Chapter 11
Trustee Of Debtor National Consumer Mortgage, LLC
COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON
& THOMPSON
and
GIBSON, DUNN & CRUTCHER LLP
________________________
JAMES P. FOGELMAN, ESQ.
Attorneys for Defendant RIO PROPERTIES. INC.
IT IS SO ORDERED this 6th day of May, 2013. ____________
Hon. Peggy A. Leen, U.S.M.J.