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IN RE RECREATIONAL INDUSTRIES, INC., 11-00960-WIL. (2012)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20121108863 Visitors: 10
Filed: Nov. 06, 2012
Latest Update: Nov. 06, 2012
Summary: STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER WENDELIN I. LIPP, Bankruptcy Judge. Recreational Industries, Inc. (the "Plaintiff") and Branch Banking and Trust Company (the "Defendant"), by their respective counsel, file this Stipulation and Consent Order Modifying Scheduling Order as follows: WHEREAS, on March 2, 2012 and July 20, 2012, the Court entered a Scheduling Order in the above-referenced adversary proceeding; WHEREAS, on September 20, 2012, the Court entered the Consent O
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STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER

WENDELIN I. LIPP, Bankruptcy Judge.

Recreational Industries, Inc. (the "Plaintiff") and Branch Banking and Trust Company (the "Defendant"), by their respective counsel, file this Stipulation and Consent Order Modifying Scheduling Order as follows:

WHEREAS, on March 2, 2012 and July 20, 2012, the Court entered a Scheduling Order in the above-referenced adversary proceeding;

WHEREAS, on September 20, 2012, the Court entered the Consent Order Modifying Scheduling Order and Continuing Pre-trial Conference and Trial ("Scheduling Order") [Dkt. No. 42] in the above-referenced adversary proceeding; and

WHEREAS, the parties have agreed to extend certain of the deadlines in the Scheduling Order.

Accordingly, it is, by the United States Bankruptcy Court for the District of Maryland, hereby ORDERED:

1. That expert witnesses and reports addressing reasonably equivalent value, lender liability and banking practices are to be disclosed and furnished by each party on or before October 22, 2012. By this same date, each party will produce all documents relating to the claims covered by said report(s).

2. That expert witnesses and reports addressing business valuation and solvency are to be disclosed and furnished by each party on or before November 19, 2012. By this same date, each party will produce all documents relating to the claims covered by said report(s). In addition, the Plaintiff will produce all documents responsive to Defendant's document requests not already produced at this time.

3. With respect to the avoidance and recovery of fraudulent conveyances, the Plaintiff's expert witness report(s), at this time, will address transfers and/or the Defendant's conduct in connection with the March 2011 Amended Loan Modification Agreement. If the Plaintiff notifies the Defendant in writing that it intends to prosecute issues relating to the November 2010 Loan Modification Agreement, the Plaintiff shall give written notice to the Defendant of such, in which case the Defendant shall have 14 days from such notice to file a responsive expert report and/or supplement a previously submitted expert report.

4. That discovery is to be completed by February 22, 2013.

5. That dispositive motions by any party are to be filed by February 27, 2013, and responses to any timely filed dispositive motions are to be filed by March 20, 2013.

6. That a status report from counsel setting forth fully the status of the case is due on February 25, 2013.

7. A final pre-trial conference will be held on April 10, 2013 at 10:00 a.m.

8. Trial time estimate 2 days.1

9. TRIAL IS SET FOR April 29 and April 30, 2013 beginning at 10:00 a.m. Copies of all pleadings are to be served on the Office of the U.S. Trustee.

SO ORDERED.

FootNotes


1. The Defendant believes that a longer trial time is needed.
Source:  Leagle

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