Opinion
2:22-cv-00612-CDS-EJY
07-28-2023
SECURITIES AND EXCHANGE COMMISSION, Plaintiff v. MATTHEW WADE BEASLEY; et al., Defendants THE JUDD IRREVOCABLE TRUST, et al., Relief Defendants
KARA B. HENDRICKS, Bar No. 07743 hendricksk@gtlaw.com JASON K. HICKS, Bar No. 13149 hicksja@glaw.com KYLE A. EWING, Bar No 014051 ewingk@gtlaw.com GREENBERG TRAURIG, LLP JARROD L. RICKARD, Bar No. 10203 jlr@skrlawyers.com KATIE L. CANNATA, Bar No. 14848 klc@skrlawyers.com SEMENZA KIRCHER RICKARD DAVID R. ZARO* dzaro@allenmatkins.com JOSHUA A. del CASTILLO* jdelcastillo@allenmatkins.com MATTHEW D. PHAM* mpham@allenmatkins.com *admitted pro hac vice ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Attorneys for Geoff Winkler, Receiver for J&J Consulting Services, Inc., J&J Consulting Services, Inc., J and J Purchasing LLC, The Judd Irrevocable Trust, and BJ Holdings LLC
KARA B. HENDRICKS, Bar No. 07743 hendricksk@gtlaw.com JASON K. HICKS, Bar No. 13149 hicksja@glaw.com KYLE A. EWING, Bar No 014051 ewingk@gtlaw.com GREENBERG TRAURIG, LLP
JARROD L. RICKARD, Bar No. 10203 jlr@skrlawyers.com KATIE L. CANNATA, Bar No. 14848 klc@skrlawyers.com SEMENZA KIRCHER RICKARD
DAVID R. ZARO* dzaro@allenmatkins.com JOSHUA A. del CASTILLO* jdelcastillo@allenmatkins.com MATTHEW D. PHAM* mpham@allenmatkins.com *admitted pro hac vice ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Attorneys for Geoff Winkler, Receiver for J&J Consulting Services, Inc., J&J Consulting Services, Inc., J and J Purchasing LLC, The Judd Irrevocable Trust, and BJ Holdings LLC
STIPULATION AND ORDER TO CONTINUE HEARING ON THE RECEIVER'S MOTION TO COMPEL OR ALTERNATIVE MOTION FOR ORDER TO SHOW CAUSE WHY CHRISTOPHER M. MADSEN SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO COMPLY WITH THIS COURT'S ORDERS
CRISTINA D. SILVA JUDGE, UNITED STATES DISTRICT COURT
Court appointed receiver Geoff Winkler (“Receiver”) by and through his counsel of record, the law firm of Greenberg Traurig, LLP; and Christopher M. Madsen (“Madsen”), by and through his counsel of record, the law firm of Pryor Cashman LLP, hereby stipulate as follows:
1. On June 2, 2023, the Receiver filed a Motion to Compel or Alternative Motion for Order to Show Cause why Christopher M. Madsen Should Not Be Held in Contempt for Failure to Comply With This Court's Orders (the “Motion to Compel”). ECF Nos. 525, 526.
2. On June 16, 2023, Madsen filed, (a) an Opposition to the Motion to Compel (the “Opposition”), and (b) Cross-Motion for a Stay of All Actions and Proceedings of the Receiver Against Christopher Madsen Pending Final Settlement of This Action (the “Cross-Motion to Stay”). ECF Nos. 530, 531.
3. On June 23, 2023, the Receiver filed a Reply in Support of the Motion to Compel and Opposition to the Cross Motion to Stay. ECF Nos. 536, 537.
4. Following a June 29, 2023 Status Hearing, this Court entered a Minute Order setting a Status hearing on the Motion to Compel and Cross-Motion to Stay for July 31, 2023 at 1:30 p.m. ECF No. 545.
5. Following the Receiver's Motion to Compel, the parties have engaged in further communications and efforts pertaining to the documents, information, and funds the Receiver seeks from Madsen.
As such, and in furtherance of the foregoing referenced efforts:
A. The parties have agreed to continue the Status hearing on the Motion to Compel and the Cross-Motion to stay for an additional thirty (30) days.
B. Through the instant stipulation, the parties respectfully request this Court re-set the status hearing on the Motion to Compel and the Cross-Motion to Stay at the Court's first availability after August 31, 2023.
C. As part of this stipulation, the parties respectfully request this Court refrain from ruling on the Motion to Compel and/or the Cross-Motion to Stay until at least August 31, 2023.
D. In the event the parties fully resolve the dispute contemplated in the Motion to Compel and the Cross-Motion to Stay, the parties will advise the Court as soon as practically possible.
ACCORDINGLY, IT IS SO STIPULATED AND AGREED
ORDER
IT IS HEREBY ORDERED that:
A. The Status hearing on the Motion to Compel and the Cross-Motion to Stay will be continued for an additional thirty (30) days, to be set on the Court's first available date after August 31, 2023.
B. The Court will refrain from ruling on the Motion to Compel and the Cross-Motion to Stay until at least August 31, 2023; and
C. In the event the parties fully resolve the dispute contemplated in the Motion to Compel and the Cross-Motion to Stay, the parties will advise the Court as soon as practically possible.
D. The July 31, 2023, status hearing is vacated and continued to September 7, 2023, at 1:30 p.m. in LV Courtroom 6B.
IT IS SO ORDERED.