Windmill and Eastern, LLC v. Shakib et al

Filing 44

ORDER Granting 43 Plaintiff's Motion for Reinstatement of Cross-Motions for Summary Judgment. Plaintiff's and Defendants' cross-motions for summary judgment (Plaintiff's 32 counter motion and 42 supplemental brief; Defen dants' 30 motion, 33 errata, 31 response, 41 supplemental brief) are reinstated. Motion Hearing set for 12/18/2013 02:00 PM in LV Courtroom 6B before Judge Lloyd D. George. Signed by Judge Lloyd D. George on 11/22/2013. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 WINDMILL & EASTERN, LLC, a Nevada limited liability company, 11 12 13 14 15 16 17 18 Plaintiff, 2:11-cv-01082-LDG-PAL ORDER v. SIMON SHAKIB, an individual and as the trustee of the Nevada K, LLC Defined Benefit Pension Plan; ZANNA SHAKIB, an individual and as trustee of the Nevada K, LLC Defined Benefit Pension Plan; NEVADA K, LLC, a Nevada limited liability company, and DOES I through X; and ROE ENTITIES I through X, inclusive, Defendants. 19 20 Plaintiff Windmill & Eastern, LLC filed a motion requesting reinstatement of cross- 21 motions for summary judgment. Good cause appearing, 22 23 1 THE COURT HEREBY ORDERS that plaintiff’s and defendants’ cross-motions for 2 summary judgment (Plaintiff’s counter motion #32 and supplemental brief #42; Defendants’ 3 motion #30, errata #33, response #31, supplemental brief #41) are reinstated as of the date of 4 this order. 5 THE COURT FURTHER ORDERS that a hearing on these cross-motions for 6 summary judgment shall be conducted on the 18th day of December, 2013, at 2:00AM, in 10 PM 7 Courtroom 6B, Lloyd D. George United States Courthouse, 333 Las Vegas Blvd. S., Las 8 Vegas, Nevada 89101. The parties should come prepared to address the issue of the adequacy 9 of the showing of the existence of a third employee-participant in Nevada K, LLC Defined 10 11 12 13 Benefit Pension Plan. THE COURT FURTHER ORDERS that Defendant Simon Shakib shall make personal appearance at the hearing, and that the failure to appear may result in the granting of summary judgment against such defendant and the consideration of other sanctions. 14 15 16 Dated this ____ day of November, 2013. 17 ________________________ Lloyd D. George United States District Judge 18 19 20 21 22 23 2

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