BGC Partners, Inc. et al v. Avison Young (Canada), Inc. et al

Filing 323

ORDER Granting 319 Motion for Leave to Appear. Signed by Magistrate Judge Elayna J. Youchah on 3/26/2020. (Copies have been distributed pursuant to the NEF - JQC)

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Robert S. Larsen, Esq. (NV Bar No. 7785)
Wing Yan Wong, Esq. (NV Bar No. 13622)
GORDON REES SCULLY MANSUKHANI, LLP
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Nathaniel Kritzer, Esq. (Admitted Pro Hac Vice)
STEPTOE & JOHNSON LLP
1114 Avenue of the Americas
New York, NY 10036
Tel. [phone]
Fax. [phone]
[e-mail]

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300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

Gordon Rees Scully Mansukhani, LLP

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Attorneys for Defendants
Avison Young (Canada) Inc.; Avison Young
(USA) Inc.; Avison Young-Nevada, LLC;
Mark Rose, Joseph Kupiec, John Pinjuv and
The Nevada Commercial Group, LLC

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
NEWMARK GROUP, INC., G&E ACQUISITION )
COMPANY, LLC, and BGC REAL ESTATE OF
)
NEVADA, LLC,
)
)
Plaintiffs,
)
vs.
)
)
AVISON YOUNG (CANADA) INC.; AVISON
)
YOUNG (USA) INC.; AVISON YOUNG )
NEVADA, LLC, MARK ROSE, THE NEVADA
)
COMMERCIAL GROUP, JOHN PINJUV, and
)
JOSEPH KUPIEC; DOES 1 through 5; and ROE
)
BUSINESS ENTITIES 6 through 10 ,
)
Defendants.
)
)

CASE NO.: 2:15-cv-00531-RFB-EJY

DEFENDANTS’ MOTION FOR
LEAVE TO APPEAR
TELEPHONICALLY BY
CELLULAR PHONE AT APRIL 6,
2020 HEARING
(Emergency Motion)

Defendants respectfully request that Defendants’ out-of-state counsel Nathaniel Kritzer
and Jeremy Goldkind be permitted to attend the April 6, 2020 hearing telephonically by cellular

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phone. Local counsel Robert S. Larsen intends to appear telephonically through a landline. This

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request is made pursuant to LR 7-4 and the following Memorandum of Points and Authorities.

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MEMORANDUM OF POINTS AND AUTHORITIES
This Court has set a hearing for April 6, 2020 on Plaintiffs’ Motion to Compel Directed

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to the AY Defendants and the NCG Defendants. See ECF No. 318. The Court permits the

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parties to appear telephonically but prohibits the use of a cell phone. Id. Given the

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extraordinarily unusual circumstances with the COVID-19 outbreak, and the current lockdown in

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New York and Chicago where Mr. Kritzer and Mr. Goldkind reside respectively, Defendants

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request that counsel be permitted to attend the hearing through the use of cell phones.
The governors of New York and Illinois have issued directives prohibiting residents from

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300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

Gordon Rees Scully Mansukhani, LLP

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traveling and requiring residents to stay at home, with exceptions not applicable here. See New

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York Exec. Order No. 202.6 (March 18, 2020), https://www.governor.ny.gov/news/no-2026-

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continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency; Ill. Exec.

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Order No. 2020-10 (March 20, 2020), https://www2.illinois.gov/Pages/Executive-

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Orders/ExecutiveOrder2020-10.aspx. Under those two states’ directives, law firms are not

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considered “essential businesses” and attorneys are prohibited from entering the work premises

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to conduct “non-essential business.” Mr. Kritzer is the lead counsel for Defendants. Both Mr.

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Kritzer and Mr. Goldkind do not have access to a landline at their respective residences. See Ex.

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1, Decl. of Nathaniel Kritzer at ¶¶ 7-8. They anticipate that they will not be able to travel to or

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enter their respective offices where landline access is available to attend the April 6 hearing. Id.

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This Court has inherent power and discretion to manage its courtroom. U.S. v. W.R.

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Grace, 526 F.3d 499, 509 (9th Cir. 2008) (“[a]ll federal courts are vested with inherent powers

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enabling them to manage their cases and courtrooms effectively”). Allowing telephonic

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appearances by cell phone would not prejudice Plaintiffs. Counsel will take steps to ensure that

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the cell phone connection will be as clear and with as few interruption as practicable within their

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control. Local counsel Mr. Larsen intends to appear with the use of a landline.

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For these reasons, Defendants respectfully request that counsel be permitted to appear
telephonically through the use of cell phones.
Dated: March 24, 2020
Respectfully submitted,

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300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

Gordon Rees Scully Mansukhani, LLP

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/s/ _Robert S. Larsen______________
Robert S. Larsen, Esq.
Nevada Bar No. 7785
Wing Y. Wong, Esq.
Nevada Bar No. 13622
GORDON REES SCULLY
MANSUKHANI, LLP
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Nathaniel J. Kritzer (pro hac vice)
STEPTOE & JOHNSON LLP
1114 Avenue of the Americas
New York, New York 10036
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Defendants Avison Young
(Canada) Inc., Avison Young (USA) Inc.,
Avison Young-Nevada, LLC, Mark Rose,
Joseph Kupiec, The Nevada Commercial
Group, and John Pinjuv

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IT IS SO ORDERED.

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated: March 26, 2020

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