Wynn Las Vegas LLC v. GGW Direct, LLC et al

Filing 12

ORDER Granting 11 Proposed Order Submission to Remand Case to the Eighth Judicial District Court filed by Wynn Las Vegas LLC. Signed by Judge James C. Mahan on 12/14/12. (Copies have been distributed pursuant to the NEF - cc: certified copy of docket sheet and order to 8th Judicial District Court - EDS)

Case 2:12-cv-02066-JCM-PAL Document 11

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Mitchell J. Langberg, Esq., Nevada Bar No. 10118
Laura E. Bielinski, Esq., Nevada Bar No. 10516
Joanna M. Myers, Esq., Nevada Bar No. 12048
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
[e-mail]
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Wynn Las Vegas, LLC
d/b/a Wynn Las Vegas
UNITED STATES DISTRICT COURT

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100 NORTH CITY PARKWAY, SUITE 1600
LAS VEGAS, NV 89106
[phone]

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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DISTRICT OF NEVADA
WYNN LAS VEGAS LLC
d/b/a WYNN LAS VEGAS, a Nevada
limited liability company,
Plaintiff,

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Case No. 2:12-CV-02066-JCM-PAL
[PROPOSED] ORDER GRANTING WYNN
LAS VEGAS, LLC'S EMERGENCY MOTION
TO REMAND

v.
GGW DIRECT, LLC, a Delaware limited
liability company; GGW BRANDS, LLC,
a Delaware limited liability company;
GGW EVENTS, LLC, a Delaware limited
liability company; MANTRA FILMS,
INC., a suspended Oklahoma corporation;
BLUE HORSE TRADING, LLC, a
California limited liability company; PEPE
BUS, LLC, an inactive Montana limited
liability company; SANDS MEDIA, INC.,
a revoked Nevada domestic corporation;
JOSEPH R. FRANCIS, an individual,
DAVID R. HOUSTON, an individual; and
DAVID R. HOUSTON, LTD., a Nevada
professional corporation, doing business as
THE LAW OFFICE OF DAVID R.
HOUSTON,

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Filed 12/13/12 Page 1 of 3

Defendants.

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021658\0178\1773708.1

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Case 2:12-cv-02066-JCM-PAL Document 11

Filed 12/13/12 Page 2 of 3

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Plaintiff Wynn Las Vegas, LLC's ("Wynn") Emergency Motion to Remand came on for

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hearing on December 13, 2012. Having considered the Emergency Motion to Remand and

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supporting papers, Defendants GGW Direct, LLC, GGW Brands, LLC, and GGW Events,

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LLC's (collectively, "Defendants") Notice of Removal and supporting papers, the Supplemental

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Declaration of Joseph Francis in Support of Removal, the pleadings and papers on file herein,

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and the arguments of counsel, and good cause appearing therefor:

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THE COURT HEREBY FINDS THAT:

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1.

Defendants' Notice of Removal was untimely under 28 U.S.C. § 1446.

Defendant Joseph R. Francis ("Francis"). Francis' declarations state that Francis only recently

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100 NORTH CITY PARKWAY, SUITE 1600
LAS VEGAS, NV 89106
[phone]

Defendants' factual basis for removal is predicated primarily on the supporting declarations of

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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discovered the facts that allegedly make this case removable—specifically that he only

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discovered in November 2012 that Defendant Sands Media, Inc. ("Sands") had no assets and

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had not been in business since 2009.

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However, Mr. Francis' testimony is not credible in light of his prior sworn testimony in

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another action. Specifically, in a judgment debtor's exam taken in August 2011, Mr. Francis

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testified: (1) that he knew Sands was not an ongoing business, that it was closed down and that

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nobody had assumed Sands' business; and (2) when asked if Sands had more liabilities than the

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value associated with the company, he testified, "[b]ut there would be just liabilities, a lot of

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them I believe . . . ." Francis' prior and current testimony cannot be reconciled, and the Court

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finds that Francis first ascertained the facts giving rise to Defendants' Notice of Removal in

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August 2011, long before Wynn filed this action in April 2012.

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2.

Because the Court finds that Defendants' Notice of Removal was untimely, it

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need not reach the parties' arguments on whether the Court should disregard Defendants David

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R. Houston, David R. Houston, Ltd. and Sands' citizenship for purposes of its removal analysis.

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Case 2:12-cv-02066-JCM-PAL Document 11

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Filed 12/13/12 Page 3 of 3

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Wynn's Emergency
Motion to Remand is GRANTED;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this action is HEREBY
REMANDED to the Eighth Judicial District Court, Clark County, Nevada, Department XI.
Decemberof December, 2012.
ENTERED this
day 14, 2012.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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100 NORTH CITY PARKWAY, SUITE 1600
LAS VEGAS, NV 89106
[phone]

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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RESPECTFULLY SUBMITTED BY:

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BROWNSTEIN HYATT FARBER
SCHRECK, LLP

PARKER SCHEER LAGOMARSINO LLP

By: /s/ Laura E. Bielinski_________
Mitchell J. Langberg, Esq., No. 10118
Laura E. Bielinski, Esq., No. 10516
Joanna M. Myers, Esq., No. 12048
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106

By: /s/ Jacob G. Leavitt______________
Andre M. Lagomarsino, Esq., No. 6711
Jacob G. Leavitt, Esq., No. 12608
9555 South Eastern Avenue, Suite 210
Las Vegas, Nevada 89123
Counsel for Defendant Joseph R. Francis

Attorneys for Wynn Las Vegas, LLC
d/b/a Wynn Las Vegas

DAVID OTTO & AFFILIATES, PC

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APPROVED AS TO FORM AND CONTENT
BY:

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By: /s/ David J. Otto__________________
David J. Otto, Esq., No. 5449
2300 West Sahara Ave., Suite 800
Las Vegas, NV 89102
Attorney for Defendants GGW Direct, LLC,
GGW Brands, LLC and GGW Events, LLC

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021658\0178\1773708.1

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