RKF Retail Holdings, LLC v. Tropicana Las Vegas, Inc.

Filing 91

ORDER Granting 90 Stipulation to Continue Hearing re 84 Motion for Leave and 85 Motion to Compel and to Extend Deadlines regarding the same. See Order for deadlines. Signed by Magistrate Judge George Foley, Jr on 3/24/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:14-cv-01232-APG-GWF Document 90 Filed 03/23/17 Page 1 of 3

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MARK E. FERRARIO, ESQ.
Nevada Bar No. 1625
CHRISTOPHER R. MILTENBERGER, ESQ.
Nevada Bar No. 10153
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendant TROPICANA LAS VEGAS, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

GREENBERG TRAURIG, LLP

3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company,
Plaintiff,
vs.
TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Defendant.

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TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Counterclaimant,
vs.
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company; DOES 1-5; and
ROES 1-5, inclusive,
Counterdefendants.
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company,
vs.

Plaintiff,

EASTERN REAL ESTATE, LLC, a
Massachusetts limited-liability company,

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Defendant.
CHI 68086634v2

Case No. 2:14-cv-01232-APG-GWF
Consolidated with:
Case No. 2:15-cv-01446-APG-GWF
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING ON
MOTION FOR LEAVE TO DISCLOSE
EXPERT WITNESS AND SUBMIT FINAL
EXPERT DAMAGES REPORT [Dkt. #84]
AND MOTION TO COMPEL
DEFNEDANT TROPICANA LAS VEGAS,
INC. TO RESPOND TO PLAINTIFF’S
FIFTH REQUEST FOR THE
PRODUCTION OF DOCUMENTS [Dkt.
#85] AND TO EXTEND THE BRIEFING
DEADLINES REGARDING THE SAME
(First Request)

Case 2:14-cv-01232-APG-GWF Document 90 Filed 03/23/17 Page 2 of 3

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, RKF Retail Holdings, LLC (“RKF”),

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Tropicana Las Vegas, Inc. (“Tropicana”), and Eastern Real Estate, LLC (“Eastern”) agree and

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stipulate as follows: RKF filed its Motion for Leave to Disclose Expert Witness and Submit

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Expert Damages Report (“Motion for Leave”) (Dkt. #84) on March 15, 2017, and its Motion to

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Compel Tropicana Las Vegas, Inc. to Respond to Plaintiff’s Fifth Request for the Production of

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Documents (“Motion to Compel”) (Dkt. #85) on March 16, 2017. The Court issued minute

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orders setting both the Motion for Leave and Motion to Compel for hearing on April 11, 2017 at

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9:30 a.m. (Dkt. #86, Dkt. #87).

during Passover and due because of out-of-state depositions occurring in this matter in the days

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GREENBERG TRAURIG, LLP

Counsel have irreconcilable conflicts with the current hearing date as it is scheduled

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3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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immediately following the current hearing date. In light of these conflicts, the parties have

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agreed to continue the hearing from April 11, 2017 to May 5, 2017, to be set at a time convenient

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to the Court.

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In light of the continuance of the hearing and counsels’ existing professional obligations,

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including Tropicana’s counsel’s bench trial in another matter commencing on March 28, 2017 in

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the Eighth Judicial District Court, Clark County, Nevada, Tropicana and Eastern have requested

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an approximate one-week extension of time to file their Oppositions to the Motion for Leave

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and/or Motion to Compel. RKF is agreeable to the requested extension and to setting the

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deadline for filing any such Oppositions for April 7, 2017.

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Due to RKF’s counsel’s professional obligations and in light of the continuance of the

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hearing date, RKF has requested an extension of time to file its Reply briefs until April 21, 2017.

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Tropicana and Eastern are agreeable to RKF’s request.

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This is the first stipulation seeking a continuance of the hearing on these Motions or for
seeking an extension of the time for parties to file Oppositions and Replies to such Motions.

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Based on the foregoing, IT IS HEREBY STIPULATED by and among RKF, Tropicana

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and Eastern, through their respective counsel of record, that the hearing on the Motion for Leave

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and Motion to Compel currently set for April 11, 2017 at 9:30 a.m. shall be CONTINUED to

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May 5, 2017, at a time determined by the Court.
CHI 68086634v2

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Case 2:14-cv-01232-APG-GWF Document 90 Filed 03/23/17 Page 3 of 3

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IT IS FURTHER STIPULATED that the deadline for RKF to file any Replies to the
Motions for Leave or Motion to Compel shall be extended to April 21, 2017.
DATED this 23rd day of March, 2017.

DATED this 23rd day of March, 2017.

GREENBERG TRAURIG, LLP

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CAMPBELL & WILLIAMS

DATED this 23rd day of March, 2017.

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GREENBERG TRAURIG, LLP

Oppositions to the Motion for Leave or Motion to Compel shall be extended to April 7, 2017.

By: /s/ Christopher R. Miltenberger
MARK E. FERRARIO
Nevada Bar No. 1625
CHRISTOPHER R. MILTENBERGER
Nevada Bar No. 10153
3773 Howard Hughes Pkwy., Suite 400 N
Las Vegas, NV 89169
Counsel for Tropicana Las Vegas, Inc.

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3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

IT IS FURTHER STIPULATED that the deadline for Tropicana and Eastern to file any

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By: /s/ Perry M. Amsellem
DONALD J. CAMPBELL
Nevada Bar No. 1216
J. COLBY WILLIAMS
Nevada Bar No. 5549
700 S. Seventh St.
Las Vegas, NV 89101
PERRY M. AMSELLEM (pro hac vice)
BENJAMIN K. SEMEL (pro hac vice)
PRYOR CASHMAN LLP
7 Times Square
New York, NY 10022
Counsel for RKF Retail Holdings, LLC

KOLESAR & LEATHAM
By: /s/ Anthony L. Deprospo
ROBERT J. CALDWELL
Nevada Bar No. 007637
400 S. Rampart Blvd., Suite 400
Las Vegas, NV 89145
CHRISTOPHER A. KENNEY (pro hac vice)
ANTHONY L. DEPROSPO (pro hac vice)
KENNEY & SAMS, P.C.
225 Turnpike Rd.
Southborough, MA 01772
Counsel for Eastern Real Estate, LLC

IT IS SO ORDERED:

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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March 24, 2017
DATED: ____________________

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CHI 68086634v2

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