Opinion
04-37512 (JS), Adv. Proc. No. 06-01902.
December 2, 2008
Aryeh E. Stein, Bar No. 24559, Whiteford, Taylor Preston L.L.P., Baltimore, Maryland, Counsel to Trustee.
Craig D. Roswell, Esquire, Niles, Barton Wilmer, LLP, Baltimore, MD, Bradley Kass, Esquire Kass Kass Law Offices, San Mateo, CA, Counsel to for Summit CFS, Inc.
JOINT STIPULATION FURTHER EXTENDING TIME TO RESPOND TO DEFENDANT'S MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
WHEREAS, on November 26, 2006, Martin T. Fletcher, the trustee (the "Trustee") of the Air Cargo Litigation Trust, filed a Complaint for Damages to Avoid Fraudulent Conveyances, Recover Property and for Related Relief (the "Complaint") against Summit CFS, Inc. (the "Defendant"); and
WHEREAS, on May 17, 2007, the Trustee filed a Motion for Entry of Order of Default [Docket No. 9] and a Motion for Judgment by Default [Docket No. 10]; and
WHEREAS, on May 21, 2007, the Clerk of this Court entered a Default against the Defendant [Docket No. 11]; and
WHEREAS, on June 14, 2007, the Court entered a Judgment by Default against the Defendant [Docket No. 15]; and
WHEREAS, on August 10, 2007, the Defendant filed a Motion to Set Aside the Default and Default Judgment [Docket No. 25] (the "Motion"); and
WHEREAS, the parties had previously agreed to extend the time within which the Trustee has to respond to the Motion so that the parties can explore settlement; and
WHEREAS, the parties have agreed to further extend the time within which the Trustee has to respond to the Motion to and including January 15, 2009 so that the parties have additional time to resolve this matter; and
IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES THAT:
The deadline for the Trustee to file a response to the Motion in the above-captioned case is hereby extended to and including January 15, 2009.
SO ORDERED
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-1 User: equitoria Date Created: 12/2/2008 Case: 06-01902 Form ID: pdfparty Total: 5 aty Aryeh E. Stein astein@wtplaw.com aty Craig D. Roswell cdroswell@niles-law.com TOTAL: 2 pla Air Cargo, Inc. Litigation Trust Martin T. Fletcher, Trustee 7 Saint Paul Street Suite 1800 Baltimore, MD 21202 dft Summit CFS, Inc. 501 South Airport Boulevard San Francisco, CA 94080 aty Bradley Kass 520 S. El.Camino Real, Suite 810 San Mateo, CA 94402 TOTAL: 3