Opinion
2:23-cv-00795-RFB Bankr. 2:13-bk-12466-mkn
08-25-2023
In re Willie N. Moon and Adnette M. Gunnels-Moon, Debtors. v. Adnette M. Gunnels-Moon & Willie N. Moon, Appellees. Rushmore Loan Management Services, LLC Appellant,
Christopher P. Burke, Esq. CHRIS P. BURKE & ASSOCIATES Attorney for Willie N. Moon and Adnette M. Gunnels-Moon James A. Kohl, Esq. Cami M. Perkins, Esq. HOWARD & HOWARD ATTORNEYS PLLC And Leib M. Lerner (CA Bar No. 227323) ALSTON & BIRD LLP Admitted Pro Hac Vice Jacob A. Johnson (GA Bar No. 849407) ALSTON & BIRD LLP Admitted Pro Hac Vice Attorneys for Rushmore Loan Management Services, LLC
Chapter 13
Christopher P. Burke, Esq.
CHRIS P. BURKE & ASSOCIATES
Attorney for Willie N. Moon and Adnette M. Gunnels-Moon
James A. Kohl, Esq.
Cami M. Perkins, Esq.
HOWARD & HOWARD ATTORNEYS PLLC
And
Leib M. Lerner (CA Bar No. 227323)
ALSTON & BIRD LLP
Admitted Pro Hac Vice
Jacob A. Johnson (GA Bar No. 849407)
ALSTON & BIRD LLP
Admitted Pro Hac Vice
Attorneys for Rushmore Loan Management Services, LLC
STIPULATED SECOND REQUEST FOR REVISED SCHEDULING ORDER VACATING ALL BRIEFING DEADLINES
Appellant, Rushmore Loan Management Services, LLC (“Rushmore”), and Appellees, Adnette M. Gunnels-Moon and Willie N. Moon (“Debtors” collectively with Rushmore, the “Parties”) by and through their respective counsel of record in the above-captioned proceeding hereby make this stipulated request for an order vacating the Parties' briefing schedule pending dismissal.
The Parties have reached an agreement in principle to resolve this and all related matters through a mediation administered under the Ninth Circuit Mediation Program (the “Mediation”) in connection with Ninth Circuit Court of Appeals Case Nos. 23-15621, 23-15460, and 23-15365 (the “Ninth Circuit Appeals”). The Parties are in the process of documenting their settlement. As a result of the settlement, all briefing deadlines in the Ninth Circuit Appeals were vacated by the Ninth Circuit mediator, with direction to either file a motion to dismiss or contact the mediator by September 15, 2023. The Parties anticipate filing a dismissal of this appeal from the Bankruptcy Court once the settlement documentation is finalized and executed. Accordingly, the Parties request that the Court to vacate the briefing schedule pending dismissal as follows:
Original Schedule
First Amended Schedule
Requested Schedule
Rushmore's Opening Brief
7/13/2023
8/28/2023
Vacated pending dismissal
Debtors' Response Brief
7/27/2023
9/25/2023
Vacated pending dismissal
Rushmore's Reply Brief
8/10/2023
10/9/2023
Vacated pending dismissal
IT IS HEREBY STIPULATED THAT:
The briefing schedule previously set by the Court is vacated. The Parties are directed to either file a motion to dismiss or file a status report with the Court by September 15, 2023.
ORDER
IT IS SO ORDERED.