Morgan Stanley High Yield Securities Inc v. Jecklin

Filing 464

ORDER Granting 463 Stipulation to Extend Deadlines. Exhibit/Witness Lists due by 2/15/2018. Proposed Joint Pretrial Order due by 2/15/2018. Signed by Judge Richard F. Boulware, II on 2/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

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ALAN J. LEFEBVRE
Nevada Bar No. 00848
[e-mail]
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone [phone]
Facsimile [phone]

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JEAN-MARIE L. ATAMIAN
[e-mail]
JOHN M. CONLON
[e-mail]
JASON I. KIRSCHNER
[e-mail]
MAYER BROWN LLP
1221 Avenue of the Americas
New York, New York 10020
Telephone[phone]
Facsimile [phone]

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Attorneysfor Plaintiffs
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MORGAN STANLEY HIGH YIELD
SECURITIES INC.; MORGAN STANLEY
DEAN WITTER HIGH INCOME
ADVANTAGE TRUST; MORGAN
STANLEY DEAN WITTER HIGH INCOME
ADVANTAGE TRUST II; MORGAN
STANLEY DEAN WITTER HIGH INCOME
ADVANTAGE TRUST III; MORGAN
STANLEY VARIABLE INVESTMENT
SERIES; MORGAN STANLEY
DIVERSIFIED INCOME TRUST; and
MORGAN STANLEY SELECT
DIMENSIONS INVESTMENT SERIES,
Plaintiffs,

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v.

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HANS JECKLIN, CHRISTIANE JECKLIN;
GEORGE HAEBERLING; JOHN TIPTON;
SWISS LEISURE GROUP AG;and JPC
HOLDING AG,

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Defendants.
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Case No.: 2:05-cv-01364-RFB-PAL
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO
FILE PRETRIAL ORDER,EXHIBIT
LISTS, AND WITNESS LISTS

WHEREAS,pursuant to the Court's Order dated January 22, 2018 (the "January 22, 2018
Order")[ECF No. 461], the deadline for filing a Proposed Joint Pretrial Order is February 12,
2018, the deadline for the submission of exhibit lists and witness lists is February 12, 2018; the
deadline for filing motions in limine is February 20, 2018, and the deadline for filing any
responses to any motion in limine is March 6,2018;
WHEREAS, pursuant to the January 22, 2018 Order, the pretrial conference in this matter
is April 5, 2018, at 10:00 a.m. in LV Courtroom 7D;
WHEREAS, pursuant to the January 22, 2018 Order, the deadline for the parties to file
Proposed Findings of Fact and Conclusions of Law is April 23, 2018;
WHEREAS, pursuant to the January 22, 2018 Order, the deadline for the parties to file
Trial Briefs is April 23, 2018;
WHEREAS, pursuant to the Joint Notice of Withdrawal of Demand for Jury Trial dated
February 2, 2018 ("Jury Demand Withdrawal")[ECF No. 462], all parties have withdrawn their
demand for a jury trial and consented to a bench trial of all claims pending in this matter;
WHEREAS, pursuant to the January 22, 2018 Order and the Jury Demand Withdrawal, a
bench trial in this matter is set for April 30, 2018 at 9:30 a.m. in LV Courtroom 7D.
WHEREAS, the parties have been working diligently to further narrow the issues to be
resolved in motions in limine and at trial;
WHEREAS,the parties require additional time to finalize the Proposed Pretrial Order and
their respective exhibit lists and witness lists;
Based on the forgoing, Plaintiffs Morgan Stanley High Yield Securities Inc., Morgan
Stanley Dean Witter High Income Advantage Trust, Morgan Stanley Dean Witter High Income
Advantage Trust II, Morgan Stanley Dean Witter High Income Advantage Trust III; Morgan
Stanley Variable Investment Series; Morgan Stanley Diversified Income Trust and Morgan
Stanley Select Dimensions Investment Series, by and through their counsel of record, the law
f
irms of Kolesar & Leatham, Chtd. and Mayer Brown LLP, Defendants Hans Jecklin, Christiane
Jecklin, Swiss Leisure Group AG and JPC Holding AG, by and through their counsel of record,
the law firm of Peterson Baker, PLLC, Defendant George Haeberling, by and through his counsel
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of record, HI Law Group, and Defendant John Tipton, by and through his counsel of record, the

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law firms of McDonald Carano LLP and Kleinbard LLC, hereby stipulate and agree, subject to

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the Court's approval, as follows:
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February 12, 2018 until February 15, 2018;
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The deadline for the submission of exhibit lists and witness lists is extended from

February 12, 2018 until February 15, 2018;
3.

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The deadline for the parties to file a Proposed Pretrial Order is extended from

This is the third request for an extension of time for the parties to file the Proposed

Joint Pretrial order and the submission of exhibit and witness lists.

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DATED this 12th day of February, 2018.

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KOLESA

ATHAM

PETERSON BAKER,PLLC

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By:
L FEBVRE,ESQ.
AL
Nevada Bar No. 0848
[e-mail]
400 South Rampart Blvd., Suite 400
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.362.9472

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JEAN-MARIE L. ATAMIAN,ESQ.
Admitted Pro Hac Vice
[e-mail]
JOHN M. CONLON,ESQ.
Admitted Pro Hac Vice
[e-mail]
JASON I. KIRSCHNER,ESQ.
Admitted Pro Hac Vice
[e-mail]
MAYER BROWN LLP
1221 Avenue of the Americas
New York, New York 10020
Telephone: [phone]
Facsimile: 212.262.1910

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Attorneyfor Plaintiffs

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By:
/s/ Benjamin K Reitz
TAMARA BEATTY PETERSON,ESQ.
Nevada Bar No. 5218
[e-mail]
BENJAMIN K. REITZ,ESQ.
Nevada Bar No. 13233
[e-mail]
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.786.1002
Attorneysfor Defendants Hans Jecklin,
Christiane Jecklin, Swiss Leisure Group
AG, and JPC Holding AG

H1 LAW GROUP

MCDONALD CARANO LLP
By:
/s/Eric J. Schreiner
JEFFREY A. SILVESTRI, ESQ.
Nevada Bar No. 5779
[e-mail]
CRAIG A. NEWBY,ESQ.
Nevada Bar No. 8591
[e-mail]
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: 702.873.9966

By:
/s/Eric D. Hone
ERIC D. HONE,ESQ.
Nevada Bar No. 8499
[e-mail]
6671 S. Las Vegas Blvd, D-210
Las Vegas, NV 89119
Telephone: [phone]
Facsimile: 702.608.3759
Attorneysfor Defendant George
Haeberling

STEVEN ENGELMYER,ESQ.
Admitted Pro Hac Vice
[e-mail]
ERIC J. SCHREINER,ESQ.
Admitted Pro Hac Vice
[e-mail]
KLEINBARD LLC
One Liberty Place, 46th Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: 215.568.0140
Attorneysfor Defendant John Tipton

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT JUDGE
Dated: February 13, 2018.

Morgan Stanley High Yield Securities Inc., et al. v. Hans Jecklin, et aL/2:05-cv-01364-RFB-PAL
Stipulation and [Proposed] Order Extending Deadline to File Pretrial Order, Exhibit Lists, and Witness
Lists
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726240942.5