Opinion
2:23-cv-01424-GMN 2:23-cv-01427-GMN Case BK-23-10423-mkn
10-31-2023
CHRIS MCALARY, Appellant(s) v. CASH CLOUD INC; & OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Appellee(s) CHRIS MCALARY, Appellant(s) v. CASH CLOUD INC; & OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Appellee(s)
FOX ROTHSCHILD LLP BRETT A. AXELROD, ESQ. Nevada Bar No. 5859 NICHOLAS A. KOFFROTH, ESQ. Nevada Bar No. 16264 Counsel for Cash Cloud, Inc. CARLYON CICA CHTD. CANDACE C. CARLYON, ESQ. Nevada Bar No. 2666 DAWN M. CICA, ESQ. Nevada Bar No. 4565 Counsel for Chris McAlary SEWARD & KISSEL LLP, ROBERT J. GAYDA, ESQ. CATHERINE V. LOTEMPIO, ESQ. ANDREW J. MATOTT, ESQ., and MCDONALD CARANO, LLP RYAN J. WORKS, ESQ., Counsel for The Official Committee of Unsecured Creditors
Appeals Reference Nos.: 23-19, 23-20.
Chapter 11
FOX ROTHSCHILD LLP BRETT A. AXELROD, ESQ. Nevada Bar No. 5859 NICHOLAS A. KOFFROTH, ESQ. Nevada Bar No. 16264 Counsel for Cash Cloud, Inc.
CARLYON CICA CHTD. CANDACE C. CARLYON, ESQ. Nevada Bar No. 2666 DAWN M. CICA, ESQ. Nevada Bar No. 4565 Counsel for Chris McAlary
SEWARD & KISSEL LLP, ROBERT J. GAYDA, ESQ. CATHERINE V. LOTEMPIO, ESQ. ANDREW J. MATOTT, ESQ., and MCDONALD CARANO, LLP RYAN J. WORKS, ESQ., Counsel for The Official Committee of Unsecured Creditors
STIPULATION AND PROPOSED ORDER REGARDING RESPONSE DEADLINE IN CONNECTION WITH MOTION FOR CERTIFICATION OF APPEALS TO THE UNITED STATES COURT OF APPEALS FOR NINTH CIRCUIT [FED. R. BANKR. PROC. 8006]
Cash Cloud, Inc. (“Cash Cloud”), by and through its counsel Fox Rothschild LLP, and the Official Committee of Unsecured Creditors (the “Committee” and, together with Cash Cloud, the “Appellees”), by and through its counsel Seward & Kissel LLP, and Chris McAlary (“Appellant” and, together with Appellees, the “Parties”), by and through his counsel Carlyon Cica Chtd., stipulate and agree as follows (the “Stipulation”):
RECITALS
A. WHEREAS, on October 20, 2023, Appellant filed the Motion for Certification of Appeals to the United States Court of Appeals for Ninth Circuit [Fed. R. Bankr. Proc. 8006] [ECF No. 07] (the “Motion for Certification”);
B. WHEREAS, Appellees did not receive ECF service of the Motion for Certification, and assert that they received their first notice of the Motion on October 26, 2023;
C. WHEREAS, under Fed.R.Bankr.P. 8006(f)(3), Appellees may file a response within 14 days after the Motion for Certification was served, and no other pleadings are to be filed in connection with such a request; and
D. WHEREAS, Appellees have requested, and Appellant agrees, that Appellees have until November 9, 2023, to file any=response to the Motion for Certification.
NOW, THEREFORE, IT IS STIPULATED AND AGREED that:
1. The deadline for Appellees to file a response to the Motion for Certification is November 9, 2023.
2. Following the filing of any response to the Motion for Certification (or the expiration of the November 9, 2023, deadline) the Motion for Certification shall be submitted for decision by the Court.
ORDER
IT IS SO ORDERED: