21st Century Communities, Inc. v. Muzlink, LLC

Filing 165

ORDER Granting 163 Stipulation. IT IS ORDERED that the Calendar Call in the above captioned matter previously set for 3/21/19 at 3:00 PM is vacated and continued to 3/19/19 at 3:00 p.m. in LV Courtroom 7C. IT IS FURTHER ORDERED that proposed voir dire, proposed jury instructions, exhibit and witness lists are due by 3/15/19; trial brief is due by 3/18/19. IT IS FURTHER ORDERED that motions in limine are due by 3/11/19 with responses due by 3/15/19.Signed by Judge Richard F. Boulware, II on 12/11/2018. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 NEAL M. GOLDSTEIN, ESQ. CALIFORNIA BAR NO. 82187 11400 W. OLYMPIC BOULEVARD, SUITE 600 LOS ANGELES, CA 90064 TEL: 310/817-6006 JAY YOUNG, ESQ. NEVADA BAR NO. 5562 HOWARD & HOWARD ATTORNEYS PLLC WELLS FARGO TOWER, SUITE 1000 3800 HOWARD HUGHS PARKWAY LAS VEGAS, NV 89169 7 Counsel for Defendants Parker and Williams 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 21st CENTURY COMMUNITIES, INC., a Nevada corporation, Case No. 13 14 15 16 17 2:09-cv-2458-RFB-VCF Plaintiff, 12 vs. MUZLINK, LLC, a California limited liability company; PHILLIP BRADLEY PARKER, a California Resident, WAYNE WILLIAMS, a California Resident, DOES I through X; and ROE CORPORATIONS, I through X, inclusive, STIPULATION RE DEFENDANTS’ REQUEST FOR EITHER A CHANGE OF THE DATE FOR THE PRETRIAL CALENDAR CALL OR PERMISSION FOR DEFENDANTS’ COUNSEL TO APPEAR VIA TELEPHONE AT SUCH PROCEEDING Defendants. 18 19 20 1. Defendants Phillip Bradley Parker and Wayne Williams (collectively “Defendants”) 21 submit this stipulation seeking either a change of the date and time of the scheduled Calendar Call 22 regarding the Trial or for permission for lead counsel, Neal M. Goldstein, to appear for such via 23 telephone. 24 25 26 2. Defendants so request because the Court’s recent order sets such Call on Defendants’ lead counsel’s Mother’s 90th Birthday (March 21, 2019). 3. On November 30, 2018, the Court entered the following order: 27 28 ORDER Granting [161] Stipulation. IT IS ORDERED that 1 1 Jury Trial is set for 4/1/19 at 9:00 AM in LV Courtroom 7C 2 before Judge Richard F. Boulware, II. IT IS FURTHER 3 ORDERED that Calendar Call is set for 3/21/19 at 3:00 PM 4 in LV Courtroom 7C before Judge Richard F. Boulware, IT IS FURTHER ORDERED that trial briefs, 5 6 proposed voir dire, proposed jury instructions, exhibit 7 and witness lists are due by 3/20/19. 4. 8 9 Neal M. Goldstein is lead counsel for the Defendants. His mother turns 90 on March 21st, the day on which the Court ordered the final Calendar Call. 5. 10 Long before the order was entered, Mr. Goldstein’s sibling and mother had 11 arranged to be in the Chicago area to celebrate his Mother’s birthday from March 20th through 12 March 24th. Mr. Goldstein had previously purchased airplane tickets to fly to Chicago on March 13 20th and return on March 24th. Mr. Goldstein can be at a Calendar Call on March 19, 2019 or 14 before or the afternoon of March 25th or thereafter. 6. 15 16 of this matter. 7. 17 18 Mr. Goldstein would like to be present for the Calendar Call applicable to the trial Defendants request that the Calendar be rescheduled, which is preferable to the Defendants, or that Mr. Goldstein be allowed to appear for the Call via telephone. 8. 19 Defendants ask only that the Calendar Call be at a time and in a manner where their 20 counsel can appear and also be available to celebrate with his Mother’s 90th Birthday. If necessary, 21 counsel asks that he be given permission to appear via telephone, which he can do at the time that 22 the call is presently scheduled. However, as noted, Defendants prefer that the Call be at a time 23 when Mr. Goldstein can be present in the event any issues arise at that time. 24 /// 25 /// 26 /// 27 /// 28 /// 2 9. 1 2 not give rise to a conflict for them. By their signatures below, all parties agree and stipulate to the foregoing and request the 3 4 Plaintiffs have no objection to a change of the Calendar call as long as such does Court enter an order in accordance therewith: 5 7 /s/ Neal M. Goldstein Neal M. Goldstein Attorney for Defendants Parker and Williams 8 GREENBEERG TRAURIG, LLP 6 Dated: December 10, 2018 9 By:/s/Kara .B. Henricks____ Kara B. Hendricks Attorneys for Plaintiff 10 11 ORDER 12 13 IT IS ORDERED that the Calendar Call in the above captioned matter previously set for 14 3/21/19 at 3:00 PM is vacated and continued to ________________at _____ in LV Courtroom 7C. March 19, 2019 3:00 PM 15 ~ IT IS FURTHER ORDERED that proposed voir dire, proposed jury intructions, 16 exhibit and witness lists are due by March 15, 2019; trial brief is due by March 18, 2019. 17 IT IS FURTHER ORDERED that motions in limine are due by March 11, 2019 with 18 responses due by March 15, 2019. 19 ________________________________________________________________________ Alternatively, IT IS ORDERED that Neal M. Goldstein, counsel for the Defendant 20 in the above captioned action may appear at the Calendar Call in the above captioned _________________________________________________________________________ 21 __________________ matter via telephone. 22 23 24 __________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 25 DATED: December 11, 2018. 26 27 28 3

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