Brincko v Rio Properties Inc

Plaintiff: John P Brincko
In Re: National Consumer Mortgage LLC
Defendant: Rio Properties Inc
Case Number: 2:2010cv00930
Filed: June 10, 2010
Court: Nevada District Court
Office: Las Vegas Office
Referring Judge: Peggy A. Leen
Presiding Judge: Philip M. Pro
Nature of Suit: Bankruptcy Withdrawl
Cause of Action: 28:0157 Motion for Withdrawal of Reference
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 23, 2010 137 Opinion or Order of the Court ORDER Granting 134 Motion for Leave to File Expert Reports Under Seal. Signed by Judge Philip M. Pro on 8/23/10. (Copies have been distributed pursuant to the NEF - ASB)
March 31, 2011 155 Opinion or Order of the Court ORDERED the Motion to Compel 68 is DENIED without prejudice to refiling. Signed by Magistrate Judge Peggy A. Leen on 3/30/11. (Copies have been distributed pursuant to the NEF - MMM)
March 31, 2011 156 Opinion or Order of the Court ORDERED that Rio's Motion for Sanctions Due to Spoliation of Evidence 29 is DENIED. FURTHER ORDERED the Motions to Strike 82 , 84 , 85 , and 87 are GRANTED in part and DENIED in part. Signed by Magistrate Judge Peggy A. Leen on 3/30/11. (Copies have been distributed pursuant to the NEF - MMM)
March 31, 2011 157 Opinion or Order of the Court ORDERED that Trustee's Motion for Leave to Serve Proposed Expert Rebuttal Report of Peter Djinis 138 is GRANTED, and Defendant Rio shall have leave to take his deposition. Signed by Magistrate Judge Peggy A. Leen on 3/30/11. (Copies have been distributed pursuant to the NEF - MMM)
March 31, 2011 158 Opinion or Order of the Court ORDERED the Motion to Strike 86 is DENIED as MOOT, the matter having been transferred to this venue. Signed by Magistrate Judge Peggy A. Leen on 3/30/11. (Copies have been distributed pursuant to the NEF - MMM)
April 20, 2011 162 Opinion or Order of the Court ORDER Granting 159 Motion for Leave to File Under Seal. Signed by Magistrate Judge Peggy A. Leen on 4/18/11. (Copies have been distributed pursuant to the NEF - MMM)
May 5, 2011 170 Opinion or Order of the Court ORDER Granting 169 Motion for Leave to File Certain Exhibits to the Declaration of Genevieve G. Weiner under Seal. Signed by Magistrate Judge Peggy A. Leen on 5/5/11. (Copies have been distributed pursuant to the NEF - MMM) (Main Document 170 replaced on 5/5/2011) (MMM).
May 18, 2011 175 Opinion or Order of the Court ORDER Denying 163 Motion to Compel the Re-Opening of Deposition of Defendant Rio Properties, Inc.. In denying the motion to re-open discovery, the court makes no finding whether the disputed documents are or are not privileged, and/or whether any applicable privilege has been waived. Signed by Magistrate Judge Peggy A. Leen on 5/18/11. (Copies have been distributed pursuant to the NEF - MMM)
January 31, 2012 236 Opinion or Order of the Court ORDER that Defendant is awarded attorneys fees in the amount of $2,328.75 ($707.50 + $3,950.00 = $4,657.50.50). Defendant is also awarded costs in the amount of $100.70, for a total of $2,429.45. Enforcement of the cost s and attorneys fees awarded shall be stayed until judgment is entered. Defendant shall be entitled to an offset for the costs and fees awarded against any judgment received by the Trustee. The costs and attorneys fees awarded shall be assessed as an allowable cost against the Plaintiff in the event judgment is entered in favor of the Defendant. Signed by Magistrate Judge Peggy A. Leen on 1/31/12. (Copies have been distributed pursuant to the NEF - ECS)
January 14, 2013 247 Opinion or Order of the Court ORDER Denying 183 Defendant Rio Properties, Inc.'s Motion for Summary Judgment on the Actual and Constructive Intent Fraudulent Transfer Claims; Denying 189 Rio's Motion for Summary Judgment on the Good Faith Defense. IT IS FURTHER ORD ERED that Plaintiff John P. Brinckos Countermotion for Summary Judgment on the Fraudulent Transfer Claims and Rios Good Faith Defense [217-224] is hereby GRANTED in part and DENIED in part. The Trustees Motion for Sanctions [217-224] is hereby DENIED without prejudice to move for costs following the settlement conference, if no settlement is reached. Granting in part and Denying in part 204 Defendant Rio Properties, Inc.'s Motion in Limine to Exclude the Expert Testimony of Robert Leahy; Granting in part and Denying in part 205 Defendant Rio Properties, Inc.'s Motion in Limine to Exclude the Expert Testimony of Alex Seddio; Denying as moot, without prejudice to renew at trial 206 Defendant Rio Properties, Inc.'s Motion to Exclude the Expert Testimony of Peter Djinis. This matter is referred to United States Magistrate Judge Peggy A. Leen for a settlement conference. Proposed Joint Pretrial Order due by 2/18/2013. Signed by Judge Philip M. Pro on 1/14/2013. (Copies have been distributed pursuant to the NEF - SLD)
May 6, 2013 264 Opinion or Order of the Court ORDER Granting 263 Proposed Order Submission filed by John P Brincko. Signed by Magistrate Judge Peggy A. Leen on 5/6/2013. (Copies have been distributed pursuant to the NEF - SLD)
October 7, 2013 283 Opinion or Order of the Court ORDER that 265 , 266 , 268 , 270 , 271 , 274 , [275, 276 , and 277 Motions are set for hearing at the calendar call currently scheduled for October 30, 2013 at 9:30 a.m. Signed by Judge Philip M. Pro on 10/7/2013. (Copies have been distributed pursuant to the NEF - SLR)
November 7, 2013 325 Opinion or Order of the Court ORDER Granting 324 Defendant Rio Properties Inc.'s Emergency Motion for Expedited Hearing. Motion Hearing set for 11/21/2013 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro re 321 and 323 Motions in Limine. Plaintiff John P. Brincko shall file a response to 323 by 11/15/2013 and Defendant Rio Properties Inc. shall file a response to 321 by 11/15/2013. Signed by Judge Philip M. Pro on 11/7/2013. (Copies have been distributed pursuant to the NEF - SLD)
November 22, 2013 330 Opinion or Order of the Court ORDER Denying Defendant Rio Properties, Inc.'s 277 Motion in Limine to Exclude Alex Seddio's Undisclosed Opinions. Signed by Judge Philip M. Pro on 11/21/2013. (Copies have been distributed pursuant to the NEF - SLD)
November 22, 2013 331 Opinion or Order of the Court ORDER Denying without prejudice to renew at trial Plaintiff John P. Brincko's 321 Motion in Limine for an Order Excluding All References to Bank of America's Misconduct. Signed by Judge Philip M. Pro on 11/21/2013. (Copies have been distributed pursuant to the NEF - SLD)
December 20, 2013 334 Opinion or Order of the Court ORDER Granting in Part and Denying in Part Plaintiff John P. Brincko's 271 Motion in Limine for an Order Precluding Testimony as to Whether Debtor's Funds were Transferred to the Rio. Signed by Judge Philip M. Pro on 12/20/2013. (Copies have been distributed pursuant to the NEF - SLD)
February 10, 2014 381 Opinion or Order of the Court ORDER re Jury Meals. Signed by Judge Philip M. Pro on 2/3/14. (Copies have been distributed pursuant to the NEF - EW)
February 14, 2014 384 Opinion or Order of the Court ORDER re 382 and 383 Motions for Judgment. Parties shall have a common response deadline of March 3, 2014. IT IS FURTHER ORDERED that the parties shall file their replies on March 10, 2014 Signed by Judge Philip M. Pro on 2/14/14. (Copies have been distributed pursuant to the NEF - EDS)
May 8, 2014 389 Opinion or Order of the Court ORDER Granting in part and Denying in part 382 Defendant Rio Properties, Inc.'s Motion for Judgment. IT IS FURTHER ORDERED that 383 Plaintiff John P. Brincko's Motion for (I) Entry of Judgment; (II) Prejudgment Interest; and (III) Po st-Judgment Interest is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that on or before 5/30/14, Plaintiff John P. Brincko shall prepare and file a proposed form of judgment. IT IS FURTHER ORDERED that Plaintiff John P. Brincko, as Trus tee of Debtor NCM's estate, is the prevailing party in this action, but any application for costs may request only fifteen percent of Plaintiff John P. Brincko's costs. Signed by Judge Philip M. Pro on 5/8/14. (Copies have been distributed pursuant to the NEF - EDS)
June 9, 2014 395 Opinion or Order of the Court ORDER granting 394 Unopposed Motion to Extend Deadline. Responses due by 6/16/2014 re 390 Order to Show Cause. Signed by Judge Philip M. Pro on 6/9/14. (Copies have been distributed pursuant to the NEF - EW)
July 28, 2014 404 Opinion or Order of the Court ORDER that parties shall file a joint status report regarding the proceedings before Bankruptcy Court on or before 8/28/2014. IT IS FURTHER ORDERED that the parties shall file joint status reports every 90 days thereafter until this matter is closed. Signed by Judge Philip M. Pro on 7/28/2014. (Copies have been distributed pursuant to the NEF - EDS)
August 28, 2014 406 Opinion or Order of the Court ORDER DISMISSING CASE Granting 405 Stipulation of Dismissal with prejudice. Signed by Judge Philip M. Pro on 8/28/2014. (Copies have been distributed pursuant to the NEF - EDS)

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Plaintiff: John P Brincko
Represented By: Bijan Amini
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In re: National Consumer Mortgage LLC
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Defendant: Rio Properties Inc
Represented By: James P. Fogelman
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