Elawyers Elawyers
Washington| Change

IN RE McLEAN, 10-30818-DWK (2011)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20111004539 Visitors: 4
Filed: Oct. 04, 2011
Latest Update: Oct. 04, 2011
Summary: STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER DUNCAN W. KEIR, Bankruptcy Judge. Plaintiff, Sean C. Logan (the "Trustee"), and Defendant Michael McLean (the "Debtor Defendant"), as well as Defendants Linda McLean, Allison Davis, Melissa Greenwell, J. Edward Martin, MacPack, LLC and MacPack of SC, LLC (the "Non-Debtor Defendants") (collectively, the "Defendants"), by and through their respective, undersigned counsel, hereby agree and stipulate as follows: WHEREAS, a Scheduling Or
More

STIPULATION AND CONSENT ORDER MODIFYING SCHEDULING ORDER

DUNCAN W. KEIR, Bankruptcy Judge.

Plaintiff, Sean C. Logan (the "Trustee"), and Defendant Michael McLean (the "Debtor Defendant"), as well as Defendants Linda McLean, Allison Davis, Melissa Greenwell, J. Edward Martin, MacPack, LLC and MacPack of SC, LLC (the "Non-Debtor Defendants") (collectively, the "Defendants"), by and through their respective, undersigned counsel, hereby agree and stipulate as follows:

WHEREAS, a Scheduling Order was entered in the above-captioned adversary proceeding (the "Adversary Proceeding") on May 11, 2011 [Paper No. 18] (the "Scheduling Order");

WHEREAS, according to the Scheduling Order, the deadline for the parties to have completed discovery is October 3, 2011 (the "Discovery Deadline");

WHEREAS, on September 16, 2011, the Non-Debtor Defendants filed a motion seeking an Order compelling the Trustee to comply with certain discovery requests [Paper No. 49] (the "Non-Debtor Defendants' Motion to Compel"), the hearing for which has been scheduled to occur on October 4, 2011;

WHEREAS, on September 20, 2011, the Trustee noted the depositions of the Defendants to occur throughout the week of September 26, 2011, and the Defendants have renoticed the deposition of a third party, Airpack, Inc., to occur on September 30, 2011 (all depositions collectively referred to as the "Depositions");

WHEREAS, on September 26, 2011, Defendants filed a motion seeking summary judgment in their favor as to certain transfers that the Trustee seeks to void and recover in the Adversary Proceeding [Paper No. 52] (the "Motion for Summary Judgment");

WHEREAS, Defendants have objected to certain of the Trustee's interrogatories and document requests, and the Trustee is attempting to resolve the matters without the necessity of filing a motion to compel, including the entering by the parties of a Confidentiality Agreement as suggested by Judge Keir during the September 7, 2011 hearing in this action;

WHEREAS, due to (1) scheduling issues of the various Defendants and their counsel, (2) the Trustee and Non-Debtor Defendants' communications attempting to resolve the Non-Debtor Defendants' Motion to Compel via the Depositions, (3) the Trustee's attempts to resolve the Defendants' objections to certain discovery, and (4) the possible reduction of claims stemming from the resolution of the Motion for Summary Judgment, the Trustee and Defendants desire additional time to complete Depositions and, therefore, have agreed to enter into this Stipulation and Consent Order.

NOW, THEREFORE, the Trustee and the Defendants do hereby agree, stipulate and consent as follows:

1. The Discovery Deadline is extended to November 30, 2011, solely to allow additional time to complete the Depositions and to attempt to resolve current discovery matters.

2. As stated in the Scheduling Order, trial date and other pertinent dates to be set. Having reviewed the terms and conditions of this Stipulation and Consent Order and finding the terms and conditions contained herein to be reasonable, it is, by the United States Bankruptcy Court for the District of Maryland, SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer