IN RE YELLOWSTONE MOUNTAIN CLUB, LLC

No. CV 15-40-BU-SEH.

In re: YELLOWSTONE MOUNTAIN CLUB, LLC, et al, Debtors. BRIAN A. GLASSER, AS TRUSTEE OF THE YELLOWSTONE CLUB LIQUIDATING TRUST, Plaintiff, v. DESERT RANCH LLLP, a Nevada limited liability limited partnership; DESERT RANCH MANAGEMENT LLC, a Nevada limited liability company; TIMOTHY BLIXSETH, an individual; BEAU BLIXSETH, an individual; THORNTON BYRON LLP, an Idaho limited liability partnership; GEORGE MACK, an individual; JOHN DOES 1-100; and XYZ CORPS. 1-100, Defendants.

United States District Court, D. Montana, Butte Division.

Editors Note
Applicable Law: 11 U.S.C. § 101
Cause: 11 U.S.C. § 101 Bankruptcy
Nature of Suit: 370 Other Fraud
Source: PACER


Attorney(s) appearing for the Case

Brian A. Glasser, Plaintiff, represented by Charles W. Hingle , HOLLAND & HART.

Brian A. Glasser, Plaintiff, represented by Kevin W. Barrett , BAILEY & GLASSER LLP, pro hac vice, Russell M. Soloway , BAILEY & GLASSER LLP, pro hac vice & Shane Coleman , HOLLAND & HART.

Beau Blixseth, Defendant, represented by Jon R. Binney , BINNEY LAW FIRM.

Timothy L. Blixseth, Defendant, represented by Phillip John DeFelice , LAW OFFICE OF PHILLIP DeFELICE.

Desert Ranch Management LLC, Defendant, represented by Phillip John DeFelice , LAW OFFICE OF PHILLIP DeFELICE.

Desert Ranch LLLP, Defendant, represented by Phillip John DeFelice , LAW OFFICE OF PHILLIP DeFELICE.

George Mack, Defendant, represented by Harold V. Dye , DYE & MOE, PLLP.

Byron, LLP Thornton, Defendant, represented by Daniel J. Gibbons , WITHERSPOON KELLEY, pro hac vice, Mark A. Ellingsen , Witherspoon, Kelley, Davenport & Toole, P.S. & Thomas D. Cochran , WITHERSPOON KELLEY, pro hac vice.


ORDER

Bankruptcy No. 08-61570-11

Adversary No. 10-00015

SAM E. HADDON, District Judge.

On April 29, 2016, this case was stayed pending resolution of Chapter 7 proceedings in bankruptcy on behalf of Desert Ranch LLLP.1

On June 9, 2016, the Court received notice of filing of Chapter 7 proceedings in bankruptcy by Desert Ranch Management LLC.2

After the stay order of April 29, 2016, was entered, Plaintiff Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust (the "Trust") filed:

1. Motion for an Order Severing and Directing Trial of Claims Against Thornton Byron LLP in Count II of the Complaint;3 and 2. Plaintiffs Motion for an Order Severing Claims Against Defendants Desert Ranch LLLP and Desert Ranch Management, LLC.4

The motions remain pending.

Proceedings in bankruptcy by Desert Ranch LLLP and by Desert Ranch Management LLC remain pending.5

ORDERED:

The (1) Motion for an Order Severing and Directing Trial of Claims Against Thornton Byron LLP in Count II of the Complaint;6 and (2) Plaintiffs Motion for an Order Severing Claims Against Defendants Desert Ranch LLLP and Desert Ranch Management, LLC,7 are DENIED without prejudice to renewal, if appropriate, following lifting of the automatic stay in the pending Desert Ranch LLLP and Desert Ranch)anagement LLC bankruptcy proceedings.

FootNotes


1. Doc.48.
2. Doc. 95.
3. Doc. 88.
4. Doc. 97.
5. See In re Desert Ranch LLLP, 6:16-bk-13798-SC (Bankr. C.D. Cal. 2016) and In re Desert Ranch Management, LLC, 6:16-bk-15177-MH (Bankr. C.D. Cal. 2016).
6. Doc. 88.
7. Doc. 97.

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