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Case 16-50644-btb Doc 75
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16:04:35
Page 1 of 4
Richard
F. Holley, Esq. (NV Bar No. 3077)
Andrea
M. Gandara, Esq. (NV Bar No. 12580)
Email: agandara@nevadafirm.com
Mary
Langsner, Ph.D. (NV Bar No. 13707)
Email: mlangsnernevadafirm.com
HOLLEY DRIGGS WALCH
FINE
PUZEY STEIN & THOMPSON
Telephone: 702/791-0308
Facsimile: 702/791-1912
Attorneys for Fred Sadri, both in his individual capacity and as Trustee for The Star Living Trust, dated April 14, 1997; Ray Koroghli, individually; and Ray Koroghli and Sathsowi T. Koroghli, in their individual capacities as well as Managing Trustees for Koroghli Management Trust
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF NEVADA
Case
No. BK-N- 1 6-50644-BTB
Chapter
15
Old
Date of Hearing: January 10, 2020
Old
Time of Hearing: 10:00 AM
New Date: January 17, 2020
New Time: 2:00 PM
Judge:
Hon. Bruce T. Beesley
In re
GHOLAM REZA JAZI ZANDIAN, Debtor in Foreign Proceeding.
STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS
CASE
Claimants Fred Sadri, both in his individual capacity and
as Trustee for The Star Living Trust, dated
April 14, 1997; Ray Koroghli, individually; and Ray Koroghli and Sathsowi T. Koroghli, in their individual capacities as well as
Managing Trustees for Koroghli Management Trust, by and through counsel of record Richard F.
Holley, Esq. Andrea M. Gandara, Esq. and Mary Langsner, Ph.D. of the law firm Holley Driggs Waich
Fine Puzey Stein & Thompson ("Claimants");
Jed Margolin, by and through his counsel of record Arthur A. Zorio, Esq. and Matthew D. Francis, Esq., of the law firm Brownstein
Hyatt Farber Schreck, LLP ("Margolin") (Claimants and Margolin together, the
"Parties"), hereby stipulate and agree as follows:
Case
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RECITALS
1. On May 19, 2019, Patrick Canet, Judicial
Liquidator and Foreign Representative ("Canet"), filed Chapter 15 Petition for
Recognition of Foreign Proceeding [ECF No. 1] [1], which commenced this bankruptcy Case.
2. On July 30, 2019, Margolin filed an Amended Motion to Dismiss the Case ("Motion") [ECF No. 38]; hearing was set on October 1, 2019.
3. On September 17, 2019, Claimants filed a Limited Opposition to Amended Motion to Dismiss Chapter 15 Case [ECF No. 42].
4. On September 19, 2019, Canet filed an Opposition to Motion to Dismiss [ECF No. 48].
5. On October 1, 2019, the Court conducted its hearing on the Motion, at which the Parties appeared.
6. On
November 5, 2109 the Court entered an order that all proceedings in the
main proceeding (Case No. 16-50644) and all
Adversary proceedings including Case No. 17-05016, and the Complaint for Order Authorizing Sale of Real
Property (ECF No. 57 filed in 16-50466) are hereby stayed pending resolution of the Motion to
Dismiss Chapter 15 Case; and continued the hearing on the Motion to December 5, 2019
[ECF No. 62].
7. On December 5, 2019, Margolin filed a Supplement to Amended Motion to Dismiss Chapter 15 Case [ECF No. 71].
8. On December 19, 2019, Claimants filed a Response to Supplement to Amended Motion to Dismiss Chapter 15 Case [ECF No. 72].
9. On December 26, 2019, Margolin filed a Reply to Response to Supplement to Amended Motion to Dismiss Chapter 15 Case [ECF No. 73].
10. On January 2, 2020, the Court conducted its continued hearing on the Motion, at which the Parties and counsel for Canet appeared. During the hearing, none of the Parties or
_______________
[1] All references to "ECF No." are to the
numbers assigned to the documents filed in the bankruptcy
case identified in the caption above ("") as they appear on the
docket maintained by the Clerk of the Court
of the United States Bankruptcy Court for the District of Nevada.
-2‑
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Canet opposed the dismissal of the Chapter 15 case, but
the Parties requested that the hearing be continued until January 10, 2020 so that they could
discuss a mutually-agreeable resolution between them. As such, the Court continued the matter to
January 10, 2020, at 10:00 a.m. [ECF No. 74]. The Parties represent that they are still
working towards a mutually agreeable resolution between
them and request a short continuance to try and finalize an agreement.
NOW, THEREFORE, based upon the above Recitals, the Parties, by and
through their counsel of record, hereby agree
and stipulate as follows:
STIPULATION
IT IS
HEREBY STIPULATED AND AGREED that the Motion [ECF No. 38] is continued to January 17, 2020, at 2:00 p.m., taking
place in Courtroom No. 4, of the C. Clifton Young Federal Building & U.S. Courthouse, 300 Booth St, Reno, NV 89509,
and may be continued thereafter,
A proposed Stipulation to Continue Hearing on Motion to
Dismiss Case has been lodged contemporaneously
herewith.
IT IS SO STIPULATED.
Dated
this 9th day of January 2020.
HOLLEY
DRIGGS WALCH
FINE I`Uqi STE &
THOMPSON
Richard
F. Holley, Esq. (NV Bar 3077)
Andrea
M. Gandar, Esq. (NV Bar 12580)
Mary
Langsner, Ph.D. (NV Bar 13707)
Attorneys for Fred
Sadri, both in his individual capacity and
as Trustee for The Star Living Trust,
dated April 14, 1997; Ray Koroghli,
individually; and Ray Koroghli and
Sathsowi T. Koroghli, in their individual
capacities as well as Managing Trustees
for Koroghli Management Trust
Dated
this 9th day of January 2020.
BROWNSTEIN
HYATT FARBER SCHRECK, LLP
/s/ Matthew
D. Francis
Matthew
D. Francis (Nevada Bar 6978) Arthur A. Zorio (Nevada Bar 6547)
Attorneys for Jed
Margolin
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CERTIFCATE
OF SERVICE
I hereby certify that I am an employee of Holley Driggs
Waich Fine Puzey Stein & Thompson, and that on the 1 day of
January 2020, I caused to be served a true and correct copy of STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS CASE in
the following manner:
[X] (ELECTRONIC SERVICE) Under Local Rule 5005 of the United States Bankruptcy Court for the District of Nevada, the above-referenced document was electronically filed on the date hereof and served through the Notice of Electronic Filing automatically generated by that Court's facilities.
[ ] (UNITED STATES MAIL) By depositing a copy of the above-referenced document for mailing in the United States Mail, first class postage prepaid, at Las Vegas, Nevada, to the parties listed below, at their last known mailing addresses, on the date above written.
[ ] (OVERNIGHT COURIER) By depositing a true and correct copy of the above-referenced document for overnight delivery via Federal Express, at a collection facility maintained for such purpose, addressed to the parties on the attached service list, at their last known delivery address, on the date above written.
[ ] (FACSIMILE) That I served a true and correct copy of the above-referenced document via facsimile, to the facsimile numbers indicated, to those persons listed on the attached service list, on the date above written.
_____________________________________________
An employee of
Holley Driggs Waich Fine Puzey Stein
& Thompson