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

Filing 333

ORDER Granting 332 Motion for Leave to Participate by Cellular Phone. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2020. (Copies have been distributed pursuant to the NEF - JQC)

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Todd L. Bice, Esq., Bar No. 4534
Pisanelli Bice PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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F. Thomas Hecht
Tina B. Solis
Seth A. Horvath
Nixon Peabody LLP
70 W. Madison Street, Suite 3500
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
(admitted pro hac vice)
Attorneys for Plaintiffs Newmark Group Inc.,
G&E Acquisition Company LLC, and
BGC Real Estate of Nevada LLC

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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NEWMARK GROUP INC., G&E
ACQUISITION COMPANY LLC, and
BGC REAL ESTATE OF NEVADA LLC,
Plaintiffs,

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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,

Case No. 2:15–cv–00531–RFB–EJY

PLAINTIFFS’ MOTION FOR LEAVE
TO PARTICIPATE BY CELLULAR
PHONE AT THE APRIL 6, 2020,
HEARING
(Emergency Motion)

Defendants.
Plaintiffs Newmark Group Inc., G&E Acquisition Company LLC, and BGC Real Estate

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of Nevada LLC (together, “Plaintiffs”), through their counsel, move this Court under LR 7-4 for
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the entry of an order allowing them to participate by cellular phone at the April 6, 2020,

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telephonic hearing in this matter. In support of this motion, Plaintiffs submit the following

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memorandum of points and authorities:

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MEMORANDUM OF POINTS AND AUTHORITIES
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On March 23, 2020, the Court entered an order setting an April 6 telephonic hearing on

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two of Plaintiffs’ motions to compel. (ECF No. 318.) The order states: “The use of a cell phone or

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speaker phone during the call is prohibited. The call must be made using a land line.” (Id.)

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On March 25, 2020, Defendants filed an emergency motion seeking leave for two of their
attorneys to appear telephonically by cellular phone at the April 6 hearing. (ECF No. 319.) On
March 26, 2020, the Court granted Defendants’ motion. (ECF No. 323.)

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Plaintiffs likewise seek leave for their counsel to participate telephonically by cellular
phone at the April 6 hearing. Tina Solis and Seth Horvath, who are admitted pro hac vice in this

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matter, live and work in the Chicago area. As a result of the COVID-19 outbreak, Illinois

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residents are subject to the travel restrictions set forth in Executive Order 2020-10, issued by the

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Governor of Illinois on March 20, 2020. See Exec. Order 2020-10 https://www2.illinois.gov/Page

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s/Executive-Orders/ExecutiveOrder2020-10.aspx (Mar. 20, 2020). Obtaining access to a land line

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for purposes of the April 6 hearing would require travel to and from the offices of Nixon Peabody
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LLP, Plaintiffs’ counsel’s law firm. (See Ex. 1, Solis Decl., ¶¶ 8–12.)

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To avoid unnecessary travel under the current circumstances, Plaintiffs request leave for

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their counsel to participate telephonically by cellular phone, rather than by land line, at the April

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6 hearing. The court has the inherent authority to grant this request. See United States v. Urena,

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659 F.3d 903, 908 (9th Cir. 2011). Plaintiffs’ counsel will take all reasonable measures within

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their control to ensure that their cellular-phone connections remain clear and uninterrupted during

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the course of the hearing.
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This motion qualifies as an emergency since it involves compliance with the Court’s

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March 23 order, it cannot be addressed within the standard briefing schedule in LR 7-2(b), and it

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arises from COVID-19 travel restrictions.

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Plaintiffs’ counsel have conferred with Defendants’ counsel about the relief requested in
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this motion. Defendants’ counsel have no objection. (Id., ¶ 16.)
CONCLUSION

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FOR THESE REASONS, Plaintiffs respectfully request the entry of an order allowing
their counsel to participate by cellular phone at the April 6 telephonic hearing in this matter.
Dated: March 27, 2020

Respectfully submitted,

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/s/ Tina B. Solis

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Todd L. Bice, Esq., Bar No. 4534
Pisanelli Bice PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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F. Thomas Hecht
Tina B. Solis
Seth A. Horvath
Nixon Peabody LLP
70 W. Madison Street, Suite 3500
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
(admitted pro hac vice)

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IT IS SO ORDERED.

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________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated: March 30, 2020

Attorneys for Plaintiffs Newmark Group Inc.,
G&E Acquisition Company LLC, and
BGC Real Estate of Nevada LLC

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