United States District Court, D. Montana, Butte Division
In re YELLOWSTONE MOUNTAIN CLUB, LLC, et al., Debtors.
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. BRIAN A. GLASSER, AS TRUSTEE OF THE YELLOWSTONE CLUB LIQUIDATING TRUST, Plaintiff, Bankruptcy No. 08-61570-11 Adversary No. 10-00015
HADDON United States District Judge.
On April 29, 2016, the Court issued its Order staying
"[a] 11 proceedings in this case . . . pending
resolution of Desert Ranch LLLP's bankruptcy, 11 U.S.C.
§ 362." On May 25, 2017, Plaintiff filed a Notice
of Entry of Orders Granting Relief from the Automatic
Stay. The two orders granting relief from the
automatic stay entered by the Central District of California
Bankruptcy Court state, in part, "[r]elief from the stay
is granted as to Count 1 in the Complaint, only to seek a
monetary judgment against the Debtor in the Montana
Action." On June 2, 2017, Plaintiff moved for an
Order Scheduling a Status Conference.
21, 2017, the parties, in response to the Court's
scheduling order of June 23, 2017,  filed a Proposed Final
Pretrial Order directed to Count I of the Complaint,
which recites, inter alia:
The Court has determined that Counts II and III against
Thornton Byron LLP remain subject to the automatic stay in
the Desert Ranch LLLP and Desert Ranch Management, LLC
bankruptcy cases pending in the Central District of
California. See Doc. 112; Transcript of Status
Conference Proceedings (June 22, 2017) at **4, 5, &
submitted, the proposed pretrial order fails to comply with
the Court's June 23, 2017, scheduling order. A partial
list of the deficiencies includes:
Filing and providing to Chambers of documents in compliance
with paragraphs 4.a., b., c, and d. of the Court's Order
of June 23, 2017.
Identifying by page number and line number deposition
excerpts of Defendants Timothy Blixseth, Desert Ranch LLLP,
and Desert Ranch Management, LLC's may call witnesses
George Mack and John Thornton as required under L.R.
16.4(b)(2) and the Court's Order of June 23, 2017.
additional matters raised in the proposed pretrial order
warrant consideration and address.
Beau Blixseth identified Jonathan Blattmachr as an expert
witness who may be called to testify at trial. No report by
Blattmachr has been filed. The District of Montana Bankruptcy
Court's scheduling order of January 28, 2014, amending
the scheduling order of September 5, 2013, required
"[a]ll expert witnesses for the parties [to] be
identified and their written reports submitted to opposing
counsel on or before April 29,
2014." The Court has no record of any experts
disclosed or of expert reports provided on or before April
29, 2014. Absent a record to the contrary, no expert witness
may be called to testify at trial.
submitted nine questions in the proposed pretrial order
characterized as issues of law that may be capable of
pretrial resolution. Deadlines established in the amended
scheduling order entered by the Bankruptcy Court expired in
2014. The status conference set by this Court for May 2,
2016, to consider pretrial matters was not conducted given
Desert Ranch LLLP's notice of filing Chapter 7
proceedings in bankruptcy on April 29, 2016. Consequently,
this Court entered no scheduling order until June 23, 2017.
party shall have to and including August 25, 2017, to fully
address and rectify all the pretrial order deficiencies
outlined above. Failure to comply may result in the exclusion
at trial of matters not properly disclosed.
or before September 1, 2017, Plaintiff shall file a brief
directed to all issues deemed capable of pretrial resolution
raised by the proposed pretrial order. On or before September
22, 2017, each defendant shall file a response brief. An
optional reply brief by Plaintiff may be filed on or before
October 6, 2017. Briefs must comply with the requirements of
Court will schedule an additional status conference to
address pretrial issues and the form of ...