Free Motion to Stay - District Court of Colorado - Colorado

Case 1:01-cv-00275-JLK

Document 889

Filed 02/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-cv-0275-JLK DOMINICK PAOLONI, et al., Plaintiffs, v. DONALD I. GOLDSTEIN, et al., Defendants. NBSA, LLC, et al., Relief Defendants. _________________________________________________________________________ UNOPPOSED MOTION TO TEMPORARILY HOLD MOTION TO DISMISS WITHOUT PREJUDICE IN ABEYANCE _________________________________________________________________________ John P. Barbee, Chapter 7 Trustee of the Debtors,1 by and through his undersigned attorneys, hereby submits his Unopposed Motion to Temporarily Hold Motion to Dismiss Without Prejudice in Abeyance ("Motion"), and states as follows: 1. Pursuant to this Court's Order dated March 24, 2003, the Trustee was authorized

to intervene and assert claims in the above-captioned proceeding as "defined by his authority under the Bankruptcy Code."

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Reliance Financial & Investment Group, Inc., Reliance Administrators, Inc., The Reliance Program, Inc., Donald I. Goldstein, Paragon Capital Group, Inc., Tap Industries, Inc., New Wave Marketing Associates, Inc., Greystone Consulting Group, Inc., Gulfstream Funding Group, Inc., Winthrop Consulting Group, Inc., Madison Financial Systems, Inc. Jamie Goldstein and Patricia Goldstein (hereinafter collectively referred to as the "Debtors")

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Case 1:01-cv-00275-JLK

Document 889

Filed 02/22/2007

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2.

On February 9, 2007, Plaintiffs filed their Motion to Dismiss Without Prejudice,

seeking dismissal of certain parties, including certain Debtors and parties identified as related to one or more of Donald Goldstein, Jamie Goldstein and Patricia Goldstein, three of the Debtors. 3. Recently, the Trustee entered into a settlement agreement in which all claims by

and between the Trustee and Donald Goldstein, Jamie Goldstein and Patricia Goldstein will be settled. A hearing before the Bankruptcy Court on the settlement agreement and related matters has been scheduled for March 21, 2007. Assuming the Bankruptcy Court approves the settlement, it will become final on April 2, 2007. 4. The Trustee requests that the Court temporarily hold the Plaintiffs' Motion to

Dismiss Without Prejudice in abeyance pending the Bankruptcy Court's approval of the proposed settlement agreement. This will give the Bankruptcy Court the opportunity to act before the various Debtors and entities identified above are dismissed from this lawsuit. 5. The Trustee agrees to file a status report with the Court on or before April 3, 2007

in order to advise the Court and parties herein of the outcome of the Bankruptcy Court's ruling on the proposed settlement agreement. 6. Granting the relief requested by the Trustee will not prejudice any of the parties

herein. Counsel for the Trustee has communicated with counsel for the Plaintiffs and is authorized to represent that they have no objection to this Motion. WHEREFORE, the Trustee respectfully requests that the Court enter its Order temporarily holding the Plaintiffs' Motion to Dismiss Without Prejudice in abeyance pending approval of the proposed settlement by the Bankruptcy Court, and for such other and further relief as is appropriate.

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Case 1:01-cv-00275-JLK

Document 889

Filed 02/22/2007

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Respectfully submitted this 22nd day of February, 2007.

s/ Brent R. Cohen Brent R. Cohen Rothgerber Johnson & Lyons LLP One Tabor Center, Suite 3000 1200 17th Street Denver, Colorado 80202-5855 Tel: (303) 623-9000 Fax:(303) 623-9222 E-mail: [email protected] AKERMAN SENTERFITT Las Olas Centre II, Suite 1600 350 East Las Olas Boulevard Fort Lauderdale, FL 33301-2229 Phone: (954) 463-2700 Fax: (954) 463-2224 Email: [email protected] Attorneys for John P. Barbee, Chapter 7 Trustee

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Case 1:01-cv-00275-JLK

Document 889

Filed 02/22/2007

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CERTIFICATE OF SERVICE I hereby certify that on February 22, 2007, I electronically filed the foregoing Unopposed Motion to Temporarily Hold Motion to Dismiss Without Prejudice in Abeyance with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] and I hereby certify that I have mailed the Unopposed Motion to Temporarily Hold Motion to Dismiss Without Prejudice in Abeyance to the following non-CM/ECF participants by depositing same in the United States mail, postage prepaid, addressed to the following on February 22, 2007: Thomas B. Quinn, Esq. White & Steele 950 17th Street, 21st Floor Denver, Colorado 80202-2804 Robert S. Harrison, Esq. Matthew D. Klakulak, Esq. Robert Harrison & Associates, PLC 240 East Merrill Street Birmingham, Michigan 48009 Gary Hoskie Professional Consultants & Managers, Inc. 1706 Surfside Drive Hutchinson Island, Florida 34949 Mr. Iisadore Cohen 1920 East Hallandale Blvd., Suite 626 Hallandale, Florida 33009 Larry K. Griffis, Esq. Jaffee, Raitt, Heuer & Weiss, P.C. 27777 Franklin Road, Suite 2500 Southfield, Michigan 48034-8214 Mark Wolok Surety Marketing Source LLC 4190 Telegraph Road, #2500 Bloomfield Hills, Michigan 48302-2079

s/ Carol Ealey

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