Opinion
Case No: 11-30551-WIL Adv. Proc. No. 11-00962-WIL
2012-07-18
In re: THE CLUBS AT WISP, LLC Debtor THE CLUBS AT WISP, LLC Plaintiff v. BRANCH BANKING AND TRUST CO. Defendant
James R. Schraf, 03470 Lisa Yonka Stevens, 27728 Yumkas, Vidmar & Sweeney, LLC Counsel for Plaintiff, The Clubs at Wisp, LLC Louis J. Ebert, 02031 Joshua D. Bradley, 28821 Rosenberg | Martin | Greenberg, LLP Counsel for Branch Banking and Trust Company
SO ORDERED
______________________
U.S. BANKRUPTCY JUDGE
(Chapter 11)
STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER
The Clubs at Wisp, LLC and Branch Banking and Trust Company, by their respective counsel, file this Stipulation and Consent Order Modifying Scheduling Order as follows:
WHEREAS, on March 2, 2012, the Court entered a Scheduling Order in the above-referenced adversary proceeding; and
WHEREAS, the parties have agreed to extend certain of the deadlines in the Scheduling Order.
Accordingly, it is, by the United States Bankruptcy Court for the District of Maryland, hereby ORDERED:
1. That the Plaintiff will disclose the general subject matter of its expected expert witnesses by August 10, 2012.
2. That expert witnesses and reports are to be disclosed and furnished by each party on or before September 10, 2012.
3. That discovery is to be completed by October 12, 2012.
4. That dispositive motions by any party are to be filed by October 19, 2012, and replies to any timely filed dispositive motions are to be filed by November 9, 2012.
5. That a status report from counsel setting forth fully the status of the case is due on October 19, 2012.
6. That the original and two copies of the exhibit list and exhibits and list of witnesses are to be filed as required by Local Bankruptcy Rule 7016-1(c) and copies exchanged with opposing counsel by November 9, 2012.
INSTRUCTIONS FOR EXHIBITS REQUIRED TO BE PRE-FILED
Each set of pre-filed Exhibits shall be bound, or in loose leaf cover, and shall begin with the exhibit list identifying each exhibit by number. Each exhibit shall be tabbed by exhibit number.
IF EXHIBITS ARE NOT PRE-FILED AS REQUIRED BY THIS ORDER, THEY MAY BE EXCLUDED FROM EVIDENCE.
7. Parties shall file written objections to pre-filed exhibits by November 14, 2012. Any party that fails to file a written objection by this deadline will be barred from objecting to the exhibit when it is moved for admission into evidence at trial.
8. All parties must file pre-trial statements in conformity with Local Bankruptcy Rule 7016-1(b) by November 15, 2012.
9. A final pre-trial conference will be held on November 19, 2012 at 10:00 a.m.
10. Trial time estimate 2 days.
The Defendant believes that a longer trial time is needed.
11. TRIAL IS SET FOR December 3, 2012 and December 4, 2012 beginning at 10:00 a.m. Copies of all pleadings are to be served on the Office of the U.S. Trustee. CONSENTED TO:
______________________
James R. Schraf, 03470
Lisa Yonka Stevens, 27728
Yumkas, Vidmar & Sweeney, LLC
Counsel for Plaintiff,
The Clubs at Wisp, LLC
______________________
Louis J. Ebert, 02031
Joshua D. Bradley, 28821
Rosenberg | Martin | Greenberg, LLP
Counsel for Branch Banking and Trust
Company
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the Court are identical to those set forth in the original consent order; and the signatures represented by the /s/ on this copy reference the signatures of consenting parties on the original consent order.
______________________
James R. Schraf
cc: James R. Schraf, Esquire
Lisa Yonka Stevens, Esquire
Yumkas, Vidmar & Sweeney, LLC
2530 Riva Road, Suite 400
Annapolis, Maryland 21401
Louis J. Ebert, Esquire
Joshua D. Bradley, Esquire
Rosenberg Martin Greenberg, LLP
25 South Charles Street, Suite 2115
Baltimore, Maryland 21201
Office of the U.S. Trustee
6305 Ivy Lane, Suite 600
Greenbelt, Maryland 20770