“[A]ll assets . . . [shall] be sold at auction at the earliest commercially reasonable date”;
“[F]ollowing the sale . . . further proceedings and claims remain to determine each member’s contribution and membership interests”; and
“[I]n light of the above-referenced additional proceedings, all funds from the sale . . . shall be held in escrow and release and distributed only pursuant to a settlement agreement executed by both parties . . .”
The Post-Stipulation Litigation
After signing the stipulation, Yehle refused to sign documents permitting the auctioneer to proceed with the asset sale, claiming that Rich’s refusal to respond to his demands for discovery concerning Rich’s capital contributions relieved Yehle of compliance with the stipulation. Rich countered by asking the court to