Gypsum Resources LLC v. Clark County et al, No. 2:2019cv00850 - Document 34 (D. Nev. 2021)

Court Description: ORDER Granting 33 Stipulation Modifying Referral to Bankruptcy Court. IT IS FURTHER ORDERED that the parties shall file a copy of Defendants' Motion for Summary Judgment and a copy of Plaintiff's Motion for Partial Summary Judgment on the District Court's docket no later than 10/15/2021. Signed by Judge Gloria M. Navarro on 10/7/2021. (Copies have been distributed pursuant to the NEF - MR)

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Gypsum Resources LLC v. Clark County et al 7 James J. Pisanelli, Esq., Bar No. 4027 JJP@pisanellibice.com Todd L. Bice, Esq., Bar No. 4534 TLB@pisanellibice.com Debra L. Spinelli, Esq., Bar No. 9695 DLS@pisanellibice.com Jordan T. Smith, Esq., Bar No. 12097 JTS@pisanellibice.com PISANELLI BICE PLLC 400 South 7th Street, Suite 300 Las Vegas, Nevada 89101 Telephone: 702.214.2100 Facsimile: 702.214.2101 8 Counsel for Plaintiff Gypsum Resources, LLC 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 Doc. 34 12 13 14 15 16 17 18 GYPSUM RESOURCES, LLC, a Nevada limited liability company; CASE NO.: 2:19-cv-00850-GMN-EJY Plaintiff, STIPULATION AND ORDER MODIFYING REFERRAL TO BANKRUPTCY COURT v. CLARK COUNTY, a political subdivision of the State of Nevada; and CLARK COUNTY BOARD OF COMMISSIONERS, Defendants. 19 20 21 22 23 24 25 26 27 28 1 Dockets.Justia.com 1 Plaintiff Gypsum Resources, LLC ("Gypsum") and Defendants Clark County and 2 Clark County Board of Commissioners (collectively "Clark County"), by and through their 3 undersigned counsel, hereby stipulate as follows: 1. 4 5 Title 11, Case No. 19-14799-mkn. See Docket No. 1 in Bankruptcy Case No. BK-S-19-14799-mkn 6 (hereinafter "Bankruptcy Proceeding"). 2. 7 On November 7, 2019, following this Court's adoption in part of the Magistrate's 8 Report and Recommendation, this Court entered an Order (ECF No. 28) that referred this matter 9 "to the United States Bankruptcy Court for the District of Nevada, as part of case 10 Number BK-S-14796" (the "Referral Order"). 3. 11 PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 On July 26, 2019, Plaintiff filed for bankruptcy protection under Chapter 11 of This case then proceeded as 19-01105-MKN (the "Bankruptcy Adversary"). 12 Bankruptcy Judge Michael Nakagawa has overseen the Bankruptcy Adversary, including 13 discovery, since the referral. The Bankruptcy Court also entered a Discovery Plan and Scheduling 14 Order, setting forth the discovery schedule and dispositive motions deadlines (the 15 "Scheduling Order") (Ex. 1 hereto). 4. 16 On July 16, 2021, Defendants filed a Motion (1) For Determination that the Claims 17 at Issue Are Not Core Matters for Which the Bankruptcy Court may Issue Final Relief; (2) For 18 Determination of Right to Jury Trial on Defendant's Counterclaim; and (3) To Return the Case to 19 District Court for Final Adjudication (the "Motion"). (See Doc. No. 202.1) Defendants asserted that 20 the claims raised in this action are "non-core" over which the Bankruptcy Court may exercise only 21 "related to" jurisdiction; that the Bankruptcy Court is not authorized to conduct jury trials without 22 the express consent of all parties, which is not present; and that the Bankruptcy Court lacks 23 jurisdiction to issue final orders in this case, such that judicial economy would best be served by 24 returning the case to District Court for determination of dispositive motions and for trial. Gypsum 25 filed its Opposition on August 4, 2021. (See Doc. No. 208.) Defendants filed their Reply on 26 August 11, 2021. (See Doc. No. 210.) 27 28 1 "Doc. No." references refer to the documents filed in Case No. BK-S-19-14796-mkn. 2 1 The deadline for filing dispositive motions in the Bankruptcy Adversary was 2 September 20, 2021. Defendants have filed a Motion for Summary Judgment (Docket No. 242 in 3 the Bankruptcy Adversary) and Plaintiff has filed a Motion for Partial Summary Judgment 4 (Docket No. 247 in the Bankruptcy Adversary) (collectively, the "Summary Judgment Motions"). 5 6. On September 21, 2021, the Bankruptcy Court issued its Order on Motion (1) For 6 Determination that the Claims at Issue Are Not Core Matters for Which the Bankruptcy Court may 7 Issue Final Relief; (2) For Determination of Right to Jury Trial on Defendant's Counterclaim; and 8 (3) To Return the Case to District Court for Final Adjudication. (See Doc. No. 254.) 9 PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 5. 7. In relevant part, the Bankruptcy Court "ordered and determined that the claims 10 alleged by Plaintiff and Defendants in the above-captioned proceedings are non-core matters within 11 the meaning of 28 U.S.C. § 157(b) and that consent to have the bankruptcy court enter a final 12 judgment on such claims has not been given." (Id. at 17.) 13 8. The Bankruptcy Court's Order stayed the Bankruptcy Adversary to permit the 14 Defendants to seek a determination of whether the Referral Order should be modified or withdrawn. 15 (Id. at 16.) 16 9. In light of the Bankruptcy Court's Order, which questions its authority to rule upon 17 motions for summary judgment, the Parties do not wish to create any debate about the 18 Bankruptcy Court's authority to resolve motions for summary judgment – which both sides have 19 filed in accordance with the Scheduling Order – so as to prolong this case. 20 10. The parties further stipulate to the following briefing schedule on their respective 21 motions for summary judgment: Oppositions shall be due on or before October 22, 2021. Replies 22 shall be due on or before November 22, 2021. 23 24 25 26 27 28 3 11. 1 2 Bankruptcy Court's authority to enter final judgment in the case, Plaintiff withdraws is opposition 3 to returning this case to the District Court for final adjudication, including motions for summary 4 judgment, and the Parties jointly stipulate to now withdraw the referral to Bankruptcy Court and 5 return this case to the District Court. 6 7 8 9 10 11 PISANELLI BICE 400 SOUTH 7TH STREET, SUITE 300 LAS VEGAS, NEVADA 89101 In the interest of judicial economy and to avoid debates about the 12 13 14 Respectfully submitted this 5th day of October, 2021. Respectfully submitted this 5th day of October, 2021. PISANELLI BICE PLLC OLSON CANON GORMLEY & STOBERSKI By: By: /s/ Todd L. Bice James J. Pisanelli, Esq., #4027 Todd L. Bice, Esq., #4534 Debra L. Spinelli, Esq., #9695 Jordan T. Smith, Esq., #12097 400 South 7th Street, Suite 300 Las Vegas, Nevada 89101 /s/ Thomas D. Dillard, Jr. Thomas D. Dillard, Jr. Esq., #6270 Stephanie A. Barker, Esq., #3176 9950 West Cheyenne Avenue Las Vegas, NV 89129 DEPUTY DISTRICT ATTORNEY Robert T. Warhola, Esq., #4410 500 Grand Central Parkway Las Vegas, Nevada 89155 Attorneys for Plaintiff Gypsum Resources, LLC Attorneys for Defendants 15 16 17 18 IT IS SO ORDERED. 20 IS IS FURTHER ORDERED that the parties shall file a copy of Defendants' Motion for Summary Judgment and a copy of Plaintiff's Motion for Partial Summary Judgment on the District Court's docket no later than October 15, 2021. 21 7 day of October, 2021. Dated this ____ 19 22 23 24 25 ___________________________ Gloria M. Navarro, District Judge UNITED STATES DISTRICT COURT 26 27 28 4 EXHIBIT 1 Case 19-01105-mkn Doc 8 Entered 10/22/19 17:27:49 Page 1 of 5 22 19-01105-mkn Case 19-01105-mkn Doc 8 Entered 10/22/19 17:27:49 Page 2 of 5 Case 19-01105-mkn Doc 8 Entered 10/22/19 17:27:49 Page 3 of 5 Case 19-01105-mkn Doc 8 Entered 10/22/19 17:27:49 Page 4 of 5 Case 19-01105-mkn Doc 8 Entered 10/22/19 17:27:49 Page 5 of 5

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