Opinion
Case No. 09-17787 Case No. 17790-17792-DWK Adversary Proceeding No. 11-00337-DWK
09-07-2011
In re: TMST, INC. f/k/a/ THORNBURG MORTGAGE INC., et al., Debtors. JOEL I. SHER, CHAPTER 11 TRUSTEE for TMST, Inc. f/k/a Thornburg Mortgage, Inc., and ZUNI INVESTORS, LLC, Plaintiffs, v. COUNTRYWIDE HOME LOANS, INC. and BANK OF AMERICA CORPORATION, Defendants.
SHAPIRO SHER GUINOT &SANDLER Richard M. Goldberg, Bar No. 00794 Daniel J. Zeller, Bar No. 38107 Attorneys for Joel I. Sher, Chapter 11 Trustee of TMST, Inc. and TMST Home Loans, Inc. GRAIS &ELLSWORTH LLP David J. Grais (pro hac vice) Mark B. Holton (pro hac vice) Leanne M. Wilson (pro hac vice) Attorneys for Zuni Investors, LLC O'MELVENY &MYERS LLP Eric S. Namrow, Bar No. 24758 -and- O'MELVENY &MYERS LLP Jonathan Rosenberg William J. Sushon Attorneys for Bank of America Corporation GOODWIN PROCTER LLP Matthew G. Lindenbaum, Bar No. 18196 Brian E. Pastuszenski (pro hac vice) John J. Falvey, Jr. (pro hac vice) Attorneys for Countrywide Home Loans, Inc. GOODWIN PROCTER LLP Joseph F. Yenouskas, Bar. No. 14466 GOODWIN PROCTER LLP GORDON,FEINBLATT,ROTHMAN, HOFFBERGER &HOLLANDER, LLC Lawrence D. Coppel, Bar No. 00180
SO ORDERED
U. S. BANKRUPTCY JUDGE
Chapter 11
(Jointly Administered under Case No. 09-17787)
STIPULATION AND ORDER
EXTENDING DEFENDANTS' TIME
TO RESPOND TO THE AMENDED
COMPLAINT AND MODIFYING
BRIEFING SCHEDULE
WHEREAS, on April 29, 2011, Plaintiffs Joel I. Sher, Chapter 11 Trustee, and Zuni Investors, LLC (together, "Plaintiffs") filed a Complaint, captioned Joel I. Sher, et ano. v. Countrywide Home Loans, Inc., et ano., Adversary Proceeding No. 11-00337, pending in the United States Bankruptcy Court for the District of Maryland, Baltimore Division;
WHEREAS, on July 8, 2011, defendant Countrywide Home Loans, Inc. ("Countrywide") and defendant Bank of America Corporation (collectively, "Defendants") filed motions to dismiss the Complaint;
WHEREAS, on July 9, 2011, Countrywide filed a motion to transfer venue of this adversary proceeding to the U.S. District Court for the Central District of California (the "Venue Motion") and a motion to withdraw the reference of the Plaintiffs' Complaint (the "Motion to Withdraw the Reference");
WHEREAS, on July 29, 2011 Plaintiffs filed an Amended Complaint for Breach of Contract (the "Amended Complaint");
WHEREAS, the parties agreed to extend Defendants' time to move, answer, or otherwise respond to the Amended Complaint until September 2, 2011, and to a further schedule for filing of oppositions to the motions and replies thereto;
WHEREAS, the parties have now agreed that Defendants' time to move, answer, or otherwise respond to the Amended Complaint should be extended by an additional week, until September 9, 2011;
WHEREAS, the parties have agreed that Plaintiffs should have until September 30, 2011 to respond to Defendants' motions to dismiss, should Defendants so move;
WHEREAS, the parties have agreed that Defendants should have until October 10, 2011 to reply to Plaintiffs' oppositions to Defendants' motion(s) to dismiss;
WHEREAS, the parties have agreed that Defendants should have until September 9, 2011 either to file a new Venue Motion and new Motion to Withdraw the Reference or to advise the Plaintiffs that Defendants will stand on those motions as filed on July 9, 2011;
WHEREAS, the parties have agreed that Plaintiffs should have until September 30, 2011 to respond to the Venue Motion and the Motion to Withdraw the Reference;
WHEREAS, the parties have agreed that Defendants should have until October 10, 2011 to reply to Plaintiffs' oppositions to Defendants' Venue Motion and Motion to Withdraw the Reference; and
WHEREAS, each party has reserved all rights with respect to additional extensions of Defendants' time to move, answer or otherwise respond to the Amended Complaint, including (without limitation) the parties' rights both to seek the Court for such an additional extensions and to oppose such requests.
IT IS HEREBY FURTHER STIPULATED AND AGREED, by the undersigned parties, by and through their attorneys, that the time for Defendants Countrywide Home Loans, Inc. and Bank of America Corporation to move, answer, or otherwise respond to the Amended Complaint is hereby extended to and including September 9, 2011; that Plaintiffs Chapter 11 Trustee and Zuni Investors, LLC shall have until September 30, 2011 to oppose Defendants' motions, should Defendants so move; and that Defendants shall have until October 10, 2011 to reply to Plaintiffs' opposition motions; and that the same schedules shall be followed with respect to briefing of the Venue Motion and Motion to Withdraw the Reference .
Respectfully submitted:
SHAPIRO SHER GUINOT &SANDLER
Richard M. Goldberg, Bar No. 00794
Daniel J. Zeller, Bar No. 38107
Attorneys for Joel I. Sher, Chapter 11
Trustee of TMST, Inc. and TMST Home
Loans, Inc.
GRAIS &ELLSWORTH LLP
David J. Grais (pro hac vice)
Mark B. Holton (pro hac vice)
Leanne M. Wilson (pro hac vice)
Attorneys for Zuni Investors, LLC
O'MELVENY &MYERS LLP
Eric S. Namrow, Bar No. 24758
-and
O'MELVENY &MYERS LLP
Jonathan Rosenberg
William J. Sushon
Attorneys for Bank of America Corporation
GOODWIN PROCTER LLP
Matthew G. Lindenbaum, Bar No. 18196
Brian E. Pastuszenski (pro hac vice)
John J. Falvey, Jr. (pro hac vice)
Attorneys for Countrywide Home Loans, Inc.
GOODWIN PROCTER LLP
Joseph F. Yenouskas, Bar. No. 14466
GOODWIN PROCTER LLP
GORDON,FEINBLATT,ROTHMAN,
HOFFBERGER &HOLLANDER, LLC
Lawrence D. Coppel, Bar No. 00180