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

Filing 515

ORDER Granting 512 Motion to Stay Case for 90 days from the date of this order. IT IS FURTHER ORDERED that an Order to Show Cause will issue 90 days from the date of this Order if the parties fail to complete settlement of the case. Signed by Chief Judge Robert C. Jones on 11/16/11. (Copies have been distributed pursuant to the NEF - ASB)

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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) STATUS REPORT AND SECOND JOINT
vs.
) MOTION TO STAY ALL PROCEEDINGS
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AND DEADLINES
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 status report and Second
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Joint Motion to stay all further proceedings. This Joint Motion is supported by good cause, as

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set forth below:

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1.

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The parties, as discussed in the prior Joint Motion, engaged in settlement

discussions involving the resolution of all Plaintiffs’ pending claims.

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2.

As this Court is aware, the timeshare industry- including Defendants- has been

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severely impacted by the realities of the long economic downturn and in particular, the extreme

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restrictions placed on lending, which is the bloodline of Defendants’ operation.

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3.

Defendants are aggressively pursuing a restructuring loan which has yet come to

fruition. The resolution of this case is contingent on the approval of this loan. This is not the

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typical case where placing the action on a trial calendar will materially advance settlement

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discussions and the ultimate settlement of the case. The impediment here is unrelated to the

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parties’ ability to reach mutually agreeable settlement terms, but Defendants’ ability to pay any

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such settlement under their current financial condition.

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4.

While the parties are mindful of the Court’s duty to manage its trial docket, it

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would be detrimental for everyone involved to proceed with a trial in November 2011, in light

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of the unique circumstances affecting the “resolution” of this case. All parties would benefit if

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Defendants are allowed the time to sort through the complexity of a multi-billion transaction,

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which, if successful, will resolve this action without further expense by the parties; therefore,

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

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conserving judicial resources. But to proceed under these circumstances with a trial would

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have a detrimental effect.

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5.

It is estimated that a decision regarding the corporate restructuring loan – which

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is a complex and time consuming process – should be issued within the next 45-60 days. If
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these efforts are unsuccessful, Defendants will be forced to avail themselves of other legal

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remedies which will, in turn, directly impact this case.

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6.

The parties are available to discuss the matters addressed herein, should this

Court wish to conduct a telephonic hearing prior to the November 8, 2011 scheduled hearing.

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WHEREFORE, the parties respectfully request that all proceedings, including the
scheduled calendar call and trial, be stayed.
IT IS DATED this 31st day of October, 2011. is STAYED for 90 days from the date of
HEREBY ORDERED that this actions
this Order.
Respectfully to Show Cause will issue 90 days from
IT IS FURTHER ORDERED that an Order submitted,
the date of this Order if the parties fail to complete settlement of the case.
By:
/s/ Myrna L. Maysonet
IT IS By: ORDERED. F. Coleman
SO /s/ Gregory
GREGORY F. COLEMAN
RICHARD W. EPSTEIN
Bank of America Center
(Admitted pro hac vice,
550 Main Avenue, Suite 600
Florida Bar No.:0229091)
Knoxville, TN 600
MYRNA L. MAYSONET
Attorney for Plaintiffs
(Admitted pro hac vice,
Admitted pro hac vice
Florida Bar No.: 0429650)
Attorney for Plaintiffs
Greenspoon Marder, P.A.
201 E. Pine Street, Suite 500
Orlando, FL 32801
Attorneys for Defendants

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DATED: November 16, 2011.
DATED: October ____, 2011.

IT IS SO ORDERED

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_________________________________
UNITED STATES DISTRICT COURT/
MAGISTRATE JUDGE

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