Opinion
Case No. 09-17787Case No. 17790-17792-DWKAdversary Proceeding No. 11-00337-DWK
2011-08-15
In re: TMST, INC., formerly known as THORNBURG MORTGAGE INC., et al., Debtors. JOEL I. SHER, Chapter 11 Trustee and ZUNI INVESTORS, LLC, Plaintiffs, v. COUNTRYWIDE HOME LOANS, INC. and BANK OF AMERICA CORPORATION, Defendants.
Shapiro Sher Guinot & Sandler By: Richard M. Goldberg, Bar No. 00794 Daniel J. Zeller, Bar No. 28107 Attorneys for Joel I. Sher, Chapter 11 Trustee of TMST, Inc. and TMST Home Loans, Inc. Grais & Ellsworth LLP By: 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 By: Eric S. Namrow, Bar No. 24758 -and- O'Melveny & Myers LLP Jonathan Rosenberg (pro hac vice) William J. Sushon (pro hac vice) Attorneys for Bank of America Corporation [up]Gordon, Feinblatt, Rothman,h offberger By: Lawrence D. Coppel, Bar No. 00180 [up]Goodwin Procter LLP By: Joseph F. Yenouskas, Bar No. 14466 -and- Brian E. Pastuszenski ( pro hac vice ) John J. Falvey, Jr. ( pro hac vice ) Matthew G. Lindenbaum ( admission pending) Attorneys for Countrywide Home Loans, Inc.
SO ORDERED
U. S. BANKRUPTCY JUDGE
(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 United States District Court for the Central District of California (the "Venue Motion");
WHEREAS, on July 9, 2011, Defendants filed 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"), which, by superseding the Complaint, rendered Defendants' motions to dismiss the Complaint moot;
WHEREAS, the date by which the Defendants are required to move, answer, or otherwise respond to the Amended Complaint is August 12, 2011;
WHEREAS, the parties have agreed that Defendants' time to move, answer, or otherwise respond to the Amended Complaint should be extended to September 2, 2011;
WHEREAS, the parties have agreed that Plaintiffs should have until September 23, 2011 to respond to Defendants' motions to dismiss, should Defendants so move;
WHEREAS, the parties have agreed that Defendants should have until October 7, 2011 to reply to Plaintiffs' oppositions to Defendants' motion(s) to dismiss;
WHEREAS, the Defendants have not yet determined whether they will stand on the Venue Motion and the Motion to Withdraw the Reference as previously filed or will instead file a new Venue Motion and a new Motion to Withdraw the Reference;
WHEREAS, the parties have agreed that Defendants should have until September 2, 2011 either to file a new Venue Motion and a 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 23, 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 7, 2011 to reply to Plaintiffs' responses to the Venue Motion and the Motion to Withdraw the Reference;
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 request additional extensions from the Court and to oppose such requests; and
IT IS HEREBY 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 through and including September 2, 2011; that Plaintiffs Chapter 11 Trustee and Zuni Investors, LLC shall have until September 23, 2011 to oppose Defendants' motions, should Defendants so move; and that Defendants shall have until October 7, 2011 to reply to Plaintiffs' oppositions to Defendants' motions; and
Plaintiff Joel I. Sher, Chapter 11 Trustee, has advised Goodwin Proctor LLP that in light of its prior representation of the debtors in this jointly administered bankruptcy proceeding, Goodwin Proctor may have a conflict precluding them from representing Countrywide Home Loans, Inc. in this action. Therefore, by entering into this stipulation said Plaintiff does not waive any rights or remedies with respect to said dispute.
IT IS HEREBY FURTHER STIPULATED AND AGREED, that Defendants shall have until September 2, 2011 either (1) to inform Plaintiffs of their intention to stand on Defendants' previously-filed Motion to Transfer Venue and Motion to Withdraw the Reference; or (2) to file a new Motion to Transfer Venue and a new Motion to Withdraw the Reference; that Plaintiffs shall have until September 23, 2011 to respond to Defendants' Motion to Transfer Venue and Motion to Withdraw the Reference; and that Defendants shall have until October 7, 2011 to reply to Plaintiffs' responses to Defendants' Motion to Transfer Venue and Motion to Withdraw the Reference.
Dated: Baltimore, Maryland
August 12, 2011
Respectfully submitted:
SHAPIRO SHER GUINOT & SANDLER
By: Richard M. Goldberg, Bar No. 00794
Daniel J. Zeller, Bar No. 28107
Attorneys for Joel I. Sher, Chapter 11 Trustee
of TMST, Inc. and TMST Home Loans, Inc.
GRAIS & ELLSWORTH LLP
By: 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
By: Eric S. Namrow, Bar No. 24758
-and
O'MELVENY & MYERS LLP
Jonathan Rosenberg (pro hac vice)
William J. Sushon (pro hac vice)
Attorneys for Bank of America Corporation
GORDON, FEINBLATT, ROTHMAN,
HOFFBERGER & HOLLANDER LLC
By: Lawrence D. Coppel, Bar No. 00180
GOODWIN PROCTER LLP
By: Joseph F. Yenouskas, Bar No. 14466
-and
Brian E. Pastuszenski (pro hac vice)
John J. Falvey, Jr. (pro hac vice)
Matthew G. Lindenbaum (admission
pending)
Attorneys for Countrywide Home Loans, Inc.
CERTIFICATE PURSUANT TO EXHIBIT A
TO ADMINISTRATION ORDER NO. 03-02
I HEREBY CERTIFY that the terms of the copy of the Consent Order submitted to the Court are identical to those set forth in the original Consent Order; and the signatures represented by the /s/ on this copy reference the signatures of the consenting parties on the original Consent Order.
Daniel J. Zeller