Davis v. Westgate Planet Hollywood Las Vegas, LLC et al

Filing 509

ORDER Granting 508 Motion to Stay. Case stayed and September 30, 2011 oral arguments are cancelled. Signed by Chief Judge Robert C. Jones on 9/1/11. (Copies have been distributed pursuant to the NEF - MMM)

1 JAMES E. SMYTH II
Nevada Bar No. 6506
2 Kaempfer Crowell Renshaw Gronauer & Fiorentino
3 8345 West Sunset Road, Suite 250
Las Vegas, Nevada 89113
4 Tel: [phone]
Fax: [phone]
5 Website: www.kcnvlaw.com
6 Email: [e-mail]
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RICHARD W. EPSTEIN
8 HAAS A. HATIC
9 MYRNA L. MAYSONET
(Admitted Pro Hac Vice)
10 GREENSPOON MARDER, P.A.
Trade Center South, Suite 2700
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100 West Cypress Creek Road
12 Ft. Lauderdale, Florida 33309
[e-mail]
13 [e-mail]
[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
17 THOMAS DAVIS III, RICK BRUNTON,
18 LOIS TIGER and EMMANUEL WIEST
individually and on behalf of all others
19 similarly situated,
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) Docket # 08-CV-S-722-RCJ-PAL
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Plaintiffs,
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JOINT MOTION TO STAY ALL
vs.
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PROCEEDINGS AND DEADLINES
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WESTGATE PLANET HOLLYWOOD LAS )
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VEGAS, LLC., WESTGATE RESORTS
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INC., WESTGATE RESORTS LTD., CFI
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SALES & MARKETING, LTD., CFI SALES )
& MARKETING, LLC., CFI SALES &
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MARKETING, INC., and “John Doe” entities )
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1 to 25, name and number unknown,
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Defendants.
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Case No. 08-CV-S-722-RCJ-PAL

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Defendants, Westgate Planet Hollywood Las Vegas, LLC, Westgate Resorts, Inc.,

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Westgate Resorts, Ltd., CFI Sales & Marketing, Ltd., CFI Sales & Marketing, LLC and CFI

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Sales & Marketing, Inc. (“Defendants”), and Plaintiffs (collectively “the Parties”), pursuant to

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Local Rule 6-1, by and through their attorneys of record, file this Joint Motion to: (1) stay all
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proceedings in this case, including all pretrial deadlines, for 30 days; and (2) cancel the

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September 30, 2011 oral arguments, because the parties are attempting to finalize a settlement

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agreement as to the Plaintiffs’ claims. This Joint Motion is supported by good cause, as set

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forth below:

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1.

The parties have been engaged in settlement discussions over the last several

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weeks, and believe that a settlement is likely. If finalized, this settlement would resolve all of

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the Plaintiffs’ pending claims, and moot any pending motions while also eliminating the need

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for a trial.

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2.

Although not yet finalized, the parties had an obligation to immediately inform

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the Court of their progress. The parties request that this Court stay all proceedings because any

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additional work by either side will result in additional fees that could prevent this case from

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settling.

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3.

The agreement being discussed is contingent upon approval of a restructuring

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loan Defendants are currently seeking. This is Defendants’ last hope to survive the financial
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downturn affecting the company since September 2008.
4.

It is estimated that a decision regarding the corporate restructuring loan will be

issued within the next 45-60 days. If these efforts are unsuccessful, Defendants will be forced
to avail themselves of other legal remedies which will, in turn, directly impact this case.

Case No. 08-CV-S-722-RCJ-PAL

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WHEREFORE, the parties respectfully request that all proceedings in this case be

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stayed for 30 days to allow the parties additional time to finalize the settlement agreement

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which, as stated above, is contingent upon the approval of funding. The parties also request

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that this Court cancel the September 30, 2011 oral arguments.
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DATED this 30th day of August, 2011.
Respectfully submitted,

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By:

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/s/ Gregory F. Coleman
GREGORY F. COLEMAN
Bank of America Center
550 Main Avenue, Suite 600
Knoxville, TN 600
Attorney for Plaintiffs
Admitted pro hac vice
Attorney for Plaintiffs

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By:

/s/ Myrna L. Maysonet
RICHARD W. EPSTEIN
(Admitted pro hac vice,
Florida Bar No.:0229091)
MYRNA L. MAYSONET
(Admitted pro hac vice,
Florida Bar No.: 0429650)
Greenspoon Marder, P.A.
201 E. Pine Street, Suite 500
Orlando, FL 32801
Attorneys for Defendants

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09-01-2011
DATED: August ____, 2011.

IT IS SO ORDERED

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_________________________________
UNITED STATES DISTRICT COURT/
MAGISTRATE JUDGE

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