Phase II Chin, LLC et al v. Forum Shops, LLC et al

Filing 11

Phase II Chin, LLC et al v. Forum Shops, LLC et al

Doc. 11

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JOINTLY SUBMITTED

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA PI 3 E CHI1 MONEY, LLC, O.P.M.L.V., LL

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C and LOVE &
ierly dba Plaintiffs,

CASE NO. 2:08-~~-162-JcM-GWF

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vs. FORUM SHOPS, LLC, FORUM DEVELOPERS LIMITED PARTNERSHIP, SIMON PROPERTY GROUP LIMITED PARTNERSHIP, SIMON PROPERTY GROUP, INC., CAESARS PALACE COW., and CAESARS PALACE REALTY COW., Defendants. Pursuant to the Court's February 7,2008 Minute Order re Removal (#3),the parties submit the following Joint Status Report:
1. Status of Action. Plaintiffs Phase I1 Chin, LLC and Love &

JOINT STATUS REPORT

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Money, LLC commenced this action by filing a complaint on January 8,2008 in the Eighth Judicial District Court for the State of Nevada in and for the County of Clark (Case No. A554875). Service was made on defendants Forum Shops, LLC, Forum Developers Limited Partnership, Simon Property Group Limited Partnership, and Simon Property Group, Inc. (collectively, "Forum/Simon

Dockets.Justia.com

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Defendants")on January 17,2008. Defendants Caesars Palace Corporation, and Caesars Palace Realty Corporation (collectively, "Caesars Defendants") were served January 18,2008. The Caesars Defendants filed a Notice of Removal (#1) February on 7,2008. The Forum/Simon Defendants filed a Consent to Removal (#5) on February 8,2008. On February 20,2008, the Caesars Defendants filed a Statement Concerning Removal (#8) in response to the Court's February 7,2008 Minute Order re Removal (#3)and served a copy of that Order on plaintiffs' counsel (#9). On February 20,2008, all parties filed a Stipulation and Order for Stay and/or to Extend Deadlines Pending Decision in a Related Action (#7), entitled Forum Shops LLC, Plaintiffa Chin-LV, LLC, et al., Defendants, Superior Court State of Delaware in and for New Castle County, C.A. 076-10-03OCLS. The defendants in the Delaware action, plaintiffs here, have filed a Motion to Dismiss or Stay that action, which is pending hearing and decision by the Delaware Court. The parties agreed to a stay of proceedings in this case until July 1,2008, or a date 30 days after decision by the Delaware court on the Motion to Dismiss or Stay, whichever is earlier. An order approving this stipulation (#lo) was signed by Magistrate Judge George Foley Jr. on February 21,2008. Neither plaintiffs, the Forum/Simon Defendants, nor the Caesars Defendants have taken any other action in this case.

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2. Action Reauired bv Court. None. 3. Pending Motions. None. Dated: March 4,2008 HUNTERTON AND ASSOCIATES Dated: March 4,2008 GEWERTER LAW OFFICES

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By: /s/ C. Stanle Hunterton, No. 5044 333 Sout Sixth Street Las Vegas, Nevada 89101

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By: /s/

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Attorne s for Plaintiff Phase Ifchin, LLC Dated: March 4,2008 LIONEL SAWYER & COLLINS

Harold P. Gewerter, No. 499 5440 W. Sahara Avenue 3rd Floor Las Vegas, Nevada 89146

Attorne s for Plaintiff Love & oney, LLC

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Dated: March 4,2008 MORRIS PICKERING & PETERSON Kr"l$tina Pickefing, No. 99 Jean-Paul Hendricks, No. 0079 900 Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Defendants Caesars Palace Cor Caesars Palace Rea tyand Corp.

By: /s/ Samuel S. Lionel, No. 1766 300 S. Fourth Street, #1700 Las Vegas, Nevada 89101
Attorne s for Defendants Forum hops, LLC, Forum Develo ers Limited Partnershi , Simon roperty Group Limite Partnership, and Simon Property Group, Inc.

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