United Western Bancorp Inc (fka UWBKQ)

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Page 1***UWBKQ Filing***

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 16-CV-02475-REB
(Bankruptcy No. 12-13815-TBM, Chapter 7
Adversary Proc. No. 14-01191-TBM)
IN RE:
UNITED WESTERN BANCORP, INC., Tax ID/EIN: 84-1233715
Debtor
SIMON E. RODRIGUEZ, in his capacity as Chapter 7 Trustee for the bankruptcy estate of
United Western Bancorp, Inc.,
Plaintiff/Appellee,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of United
Western Bank,
Defendant/Appellant.
MOTION TO MODIFY BRIEFING SCHEDULE
The above-captioned appellant Federal Deposit Insurance Corporation, in its capacity as
Receiver for United Western Bank (the “FDIC-Receiver”) pursuant to Federal Rules of
Bankruptcy Procedure 8018(a) and 9006(b) respectfully requests that this Court extend the
briefing schedule herein by an additional seven (7) days and in support of this Motion the FDICReceiver
hereby states as follows:
Undersigned counsel for the FDIC-Receiver has conferred with counsel for the appellee
in the above-captioned matter (“Trustee”) on November 16, 2016. Counsel for the Trustee
advises that the Trustee opposes the relief requested in this motion.
______________________________________________________
Page 2

Case 1:16-cv-02475-REB Document 7 Filed 11/18/16 USDC Colorado Page 2 of 4

1. On September 30, 2016, the FDIC-Receiver timely filed its Notice of Appeal with
the bankruptcy court commencing the above-captioned appeal.
BACKGROUND
2. On October 12, 2016, this Court entered its Order Establishing Bankruptcy
Appeal Briefing Requirements (Docket No. 5) (“Briefing Order”).
3. On October 14, 2016, the FDIC-Receiver timely filed its Designation of Record
and Statement of Issues on Appeal with the bankruptcy court (Docket No. 70).
4. On November 14, 2016, the bankruptcy court entered its “Transmittal of Record
on Appeal to U.S. District Court” (Docket No. 78) thereby indicating that the record in the above
referenced appeal is now complete and that briefing should proceed in accordance with the
Federal Rules of Bankruptcy Procedure.
5. Given the above-referenced Transmittal of the Record on Appeal which occurred
on November 14, 2016, and the Court’s previous Briefing Order, the Appellant FDIC-Receiver is
currently required to serve and file its opening brief herein on or before December 14, 2016 (see,
Docket No. 6).
6. As a result of the intervening Thanksgiving holiday and previous travel
commitments made by counsel for the FDIC-Receiver, counsel has insufficient time in which to
adequately prepare an opening brief to meet the current filing deadline of December 14, 2016.
III. REQUEST FOR RELIEF
7. In order to insure that there is adequate time to prepare an opening brief for the
FDIC-Receiver, undersigned counsel respectfully request that the FDIC-Receiver be given an
additional seven (7) days in which to file its opening brief
_________________________________________________________
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Case 1:16-cv-02475-REB Document 7 Filed 11/18/16 USDC Colorado Page 3 of 4
8. Given the previous travel plans by counsel over the Thanksgiving holiday, the
FDIC-Receiver believes a seven (7) day extension for the filing of the opening brief herein is
warranted and will not prejudice the Trustee and will not unduly delay a decision by this Court in
regard to the merits of the appeal.
WHEREFORE, the FDIC-Receiver respectfully requests that this Court enter an order
modifying the briefing schedule herein and thereby modifying its Briefing Order by allowing the
FDIC-Receiver an additional seven (7) days in which to file its opening brief herein or until on
or before December 21, 2016. As a result of that extension, if granted, the remaining briefing
deadlines as provided for under Bankruptcy Rule 8018 would be January 20, 2017 for the filing
of the Trustee’s opening brief and February 3, 2017 for the filing of the reply brief by the FDICReceiver.
The FDIC-Receiver also requests that this Court enter any additional and further relief
that this Court deems just and appropriate
Dated: November 18, 2016 Respectfully Submitted,
Of Counsel:
B. Amon James
Senior Counsel
Sonya L. Levine
Counsel
Federal Deposit Insurance
Corporation
3501 North Fairfax Drive
Arlington, Virginia 22226
Tel. [phone]
By:
John F. Young
/s/John F. Young
Markus Williams Young & Zimmerman LLC
1700 Lincoln Street, Suite 4550
Denver, CO 80203
[phone]
[e-mail]
- and -
John J. Clarke, Jr.
DLA Piper LLP (US)
1251 Avenue of the Americas
New York, New York 10020
[phone]
[e-mail]
Attorneys for Appellant
Federal Deposit Insurance Corporation, as
Receiver for United Western Bank

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 16-CV-02475-REB
(Bankruptcy No. 12-13815-TBM, Chapter 7
Adversary Proc. No. 14-01191-TBM)
IN RE:
UNITED WESTERN BANCORP, INC., Tax ID/EIN: 84-1233715
Debtor
SIMON E. RODRIGUEZ, in his capacity as Chapter 7 Trustee for the bankruptcy estate of
United Western Bancorp, Inc.,
Plaintiff/Appellee,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of United
Western Bank,
Defendant/Appellant.
ORDER REGARDING MOTION TO MODIFY BRIEFING SCHEDULE
This matter having to be heard upon the Motion to Modify Briefing Schedule filed by
appellant Federal Deposit Insurance Corporation, in its capacity as Receiver for United Western
Bank (the “FDIC-Receiver”), due notice having been given, and for the reasons appearing on the
record, it is
HEREBY ORDERED:
1. The Motion is GRANTED;
2. FDIC-Receiver is granted an additional seven (7) days in which to file and serve
its opening brief.
IT IS FURTHER ORDERED that the Briefing Order is hereby modified as follows:

1. FDIC-Receiver must file and serve its opening brief herein on or before
December 21, 2016;
2. The Trustee will have up to and including January 20, 2017 to file and serve his
opening brief; and
3. The FDIC-Receiver’s reply brief must be filed and served on or before February
3, 2017
DATED this ____ day of November, 2016.