Racine v. P.H. Las Vegas, LLC

Filing 16

ORDER Granting 15 Motion Interlocutory Default Judgment against PHW Las Vegas LLC and PHW Manager, LLC. IT IS FURTHER ORDERED that a Miscellaneous Hearing on damages is set for 12/16/2010 02:00 PM in LV Courtroom 6B before Judge Lloyd D. George. Signed by Judge Lloyd D. George on 11/19/10. (Copies have been distributed pursuant to the NEF - EDS)

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RICHARD A. SCHONFELD, ESQ. Nevada Bar 6815 CHESNOFF & SCHONFELD, PC 520 South Fourth Street, 2nd Floor Las Vegas, Nevada 89101 [phone] Attorney for Plaintiff BRUCE A. CRAIG, ESQ. Texas Bar 04975270 THE CARLILE LAW FIRM, LLP 400 S. Alamo Blvd. Marshall, Texas 75670 [phone] Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA VANESSA RACINE, PLAINTIFF vs. § § § § § § § § § § § §

NO. 2:10-cv-01651-LDG-LRL

(1) PHW LAS VEGAS, LLC, and (2) PHW MANAGER, LLC, DEFENDANTS

[PROPOSED] INTERLOCUTORY DEFAULT JUDGMENT Came on to be called the above and foregoing case. The defendants, PHW LAS VEGAS, LLC, and PHW MANAGER, LLC, although having been duly served with Summons and the First Amended Complaint on October 21, 2010, wholly failed to answer or otherwise appear in a timely fashion, and have DEFAULTED. The Court has read the pleadings and the papers on file, and is of the opinion that (1) this Court has jurisdiction and venue over the claims and causes asserted therein; and (2) the allegations and averments of plaintiffs' complaint have been admitted by PHW

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LAS VEGAS, LLC, and as well by PHW MANAGER, LLC, by reason of the Defendants' Default, and by reason of same; (3) that the liability of PHW LAS VEGAS, LLC, and as well by PHW MANAGER, LLC as to all causes of action therein has been admitted and established by their failure to appear to defend this action. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the material allegations of Plaintiffs' Complaint are deemed admitted as to Defendant, PHW LAS VEGAS, LLC, and PHW MANAGER, LLC, and that liability is established on each of the causes of action asserted within the complaint, and that plaintiff, Vanessa Racine, have and recover from such defendants, jointly and severally, her damages as are found to have been the producing and or proximate cause of such actions or omissions of said defendants, which are admitted and established herein for all purposes, in the due course of trial hereof, together with her costs of court, prejudgment and post judgment interest at the maximum rate allowed by law.

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IT IS FURTHER this ____ day of Miscellaneous Hearing on damages shall be heard on SIGNED ORDERED, a __________, 2010. 16 THURSDAY, DECEMBER 16, 2010 at the hour of 2:00 PM. in LV courtroom 6B before this Honorable court. 17 Dated this _____ day of November, 2010 18 UNTIED STATES __D. ________________ 19 Lloyd __George ________ DISTRICT COURT JUDGE LloydrD. George U.S. District Judge S . U.S. District Judge 19 Respectfully submitted: 20 /s/ Richard A. Schonfeld, Esq. 21 RICHARD A. SCHONFELD, ESQ. Nevada Bar 6815 22 CHESNOFF & SCHONFELD 23 And 24 /s/ Bruce A. Craig, Esq. 25 BRUCE A. CRAIG, ESQ. 26 Texas Bar 04975270 THE CARLILE LAW FIRM, LLP 27 Attorneys for Plaintiff, Vanessa Racine 28