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

Filing 517

ORDER Deeming 492 Motion to Strike Withdrawn. Signed by Magistrate Judge Peggy A. Leen on 11/17/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS DAVIS III, et al.,

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Plaintiffs,
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vs.
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WESTGATE PLANET HOLLYWOOD LAS
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VEGAS, LLC, et al.,
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Defendants. )
__________________________________________)

Case No. 2:08-cv-00722-RCJ-PAL
ORDER
(Mtn to Strike - Dkt. #492)

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This matter is before the court on Plaintiffs’ Motion to Strike Defendants’ Supplemental Expert
Report of May 11, 2011, and Exclude Testimony (Dkt. #492).

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The parties have been engaged in settlement negotiations since at least June 2011and have filed

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various stipulations to extend time to respond to dispositive motions and to continue the trial of this

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matter. See generally Dkt. ##493, 495, 498, 499, 507, 508, 512. On October 31, 2011, the parties filed

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a Status Report and Second Joint Motion to Stay all Proceedings and Deadlines (Dkt. #512). The

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Status Report advised the court that the parties’ proposed settlement is contingent upon Defendants

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obtaining a restructuring loan. The parties represent that the impediment to settlement is not the

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parties’ inability to reach mutually agreeable settlement terms, but rather, is Defendants’ inability to pay

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any settlement because of their current financial condition. Id. On November 8, 2011, the district

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judge held a hearing on the parties’ Second Joint Motion to Stay and ordered that this matter be stayed

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for an additional ninety days and that an Order to Show Cause will issue if the parties fail to complete

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settlement of the case. See Order, Dkt. #515.

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Accordingly,
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IT IS ORDERED that Plaintiffs’ Motion to Strike (Dkt. #492) is DEEMED WITHDRAWN.

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In the event the parties are unable to consummate a settlement of this matter, they need only file a

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notice with the court requesting the Motion to Strike be reinstated.

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Dated this 17th day of November, 2011.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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