Opinion
Case No. 08-17199-PM Case No. 08-26854-PM Case No. 08-26859-PM Case No. 08-26862-PM Case No. 08-26865-PM Case No. 08-26866-PM Case No. 08-27099-PM Adversary Proceeding No. 10-00946
12-30-2011
In re: Robert F. Rood, IV The Source, LLC Blue Horseshoe Portfolio Services, LLC Level One Capital Partners, LLC Blue Horseshoe Capital, LLC Mattehorn Financial, LLC Level One Capital Partners, a MD LLC, Debtors. GARY A. ROSEN, TRUSTEE Plaintiff. v. COMMUNITY FIRST BANK, Defendant.
Agreed to: Nelson C. Cohen Counsel for Plaintiff David Musgrave Counsel for Defendant
SO ORDERED
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U. S. BANKRUPTCY JUDGE
Jointly Administered Under
Case No. 08-17199-PM
STIPULATION AND CONSENT ORDER REGARDING LIMITED EXTENSION
OF DISCOVERY DEADLINE
Plaintiff, Gary Rosen, Chapter 7 Trustee, and Defendant Community First Bank agree to the following limited extension of the discovery deadline of January 18, 2012 and state as follows:
1. The Court entered an Order Granting Motion to Modify Scheduling Order on October 5, 2011, which established January 18, 2012 as the deadline by which the parties were to complete discovery.
2. The Defendant timely designated its expert witness, Mr. Larry Epstein of Hertzbach & Company, and provided the Trustee with a copy of the Expert Report on December 14, 2011.
3. The schedules of Mr. Epstein and that of Counsel to the Trustee do not allow the deposition of Mr. Epstein to be taken before the expiration of the discovery period.
4. The parties have agreed that the Trustee's counsel will depose Mr. Epstein on January 31, 2012.
5. The parties have agreed to extend the discovery period until January 31, 2012 for the sole purpose of taking the deposition of Mr. Epstein.
6. The brief extension of the discovery period will not affect the trial dates established by the Court.
Agreed to:
______________________
Nelson C. Cohen
Counsel for Plaintiff
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David Musgrave
Counsel for Defendant
Copies to:
Nelson C. Cohen
ZUCKERMAN SPAEDER LLP
David Musgrave
Ober Kaler
END OF ORDER