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

Filing 378

ORDER Granting 377 Stipulation for Extension of Time. Motions due by 4/15/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/1/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-00531-RFB-EJY Document 378 Filed 06/01/20 Page 1 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

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]
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
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,
)
v.
)
AVISON YOUNG (CANADA) INC., AVISON )
)
YOUNG (USA) INC., AVISON YOUNG–
NEVADA LLC, MARK ROSE, THE NEVADA )
)
COMMERCIAL GROUP, JOHN PINJUV,
JOSEPH KUPIEC, DOES 1 through 5, and ROE )
BUSINESS ENTITIES 6 through 10.
)
)
Defendants.
)

CASE NO.: 2:15–cv–00531–RFB–EJY

STIPULATION TO EXTEND
DEADLINES IN APRIL 24, 2020,
ORDER (ECF NO. 339)

25
26

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

27

Nevada, through their counsel, and Defendants Avison Young (Canada) Inc., Avison Young (USA)

28

Inc., Avison Young–Nevada LLC, Mark Rose, Joseph Kupiec, John Pinjuv, and The Nevada

Case 2:15-cv-00531-RFB-EJY Document 378 Filed 06/01/20 Page 2 of 4

1

Commercial Group, through their counsel (together, the “Parties”), jointly submit the following

2

stipulation to extend the deadlines in the scheduling order entered on April 24, 2020 (the

3

“Scheduling Order”) (ECF No. 339):

4
5
6

1.

On April 24, 2020, the Court entered an order granting Plaintiffs’ Motion for Leave

to Amend the Discovery Plan and Scheduling Order. (ECF No. 339.)
2.

At telephonic hearings on April 6 and April 20, 2020, the Court entered rulings on

7

Plaintiffs’ Motion to Compel Directed to the AY Defendants and Plaintiffs’ Motion to Compel

8

Directed to the NCG Defendants. (ECF Nos. 334 & 338.)

9

3.

At a telephonic hearing on May 13, 2020, the Court entered rulings on Plaintiffs’

10

Motion to Compel Directed to Third-Party Subpoena Recipients, Plaintiffs’ Motion for Protective

11

Order Regarding Defendants’ Rule 30(b)(6) Notice of Deposition, and Plaintiffs’ Motion for

12

Protective Order. (ECF No. 369.) Plaintiffs’ Motion for Protective Order is subject to further

13

briefing and is scheduled for oral argument on June 10, 2020. (ECF Nos. 369 & 370.)

14

4.

On May 21, 2020, Plaintiffs filed their Motion to Compel Directed to the AY

15

Defendants, the NCG Defendants, and the Third-Party Subpoena Recipients, which is currently

16

being briefed. (ECF No. 374.)

17

5.

On May 28, 2020, the Parties met and conferred on a series of discovery issues and

18

anticipate the potential need to seek Court intervention to assist with the resolution of discovery

19

matters for which the Parties are at an impasse.

20

6.

The Parties have expressed a preference for in-person depositions (where and when

21

it is safe to do so), and ongoing conditions in light of the COVID-19 pandemic currently do not

22

allow for safely conducting in-person depositions.

23

7.

Given that extensive additional discovery has been ordered to be searched in

24

conjunction with Plaintiffs’ first three Motions to Compel (including tens of thousands of

25

documents), and additional motions are pending before the Court and/or otherwise anticipated, the

26

Parties have agreed to the following extensions of the deadlines set forth in the Scheduling Order:

27

a.

All document productions are to be completed by July 13, 2020.

28
-2-

Case 2:15-cv-00531-RFB-EJY Document 378 Filed 06/01/20 Page 3 of 4

1
2

b.

The period for fact depositions will run from August 24, 2020

through November 25, 2020.

3

c.

Initial expert disclosures shall be made in accordance with Fed. R.

4

Civ. Pro. 26 on or before January 15, 2021, with rebuttal expert disclosures due on

5

or before February 15, 2021.

6

d.

Expert depositions are to be completed by March 15, 2020.

7

e.

The dispositive motion deadline is April 15, 2021.

8

f.

The joint pretrial report shall be filed within 60 days of decisions on

9
10

dispositive motions.
8.

This stipulated extension is requested in good faith and made with good cause. The

11

ongoing COVID-19 pandemic has continued to impose significant disruptions to ordinary business

12

activities of all parties and counsel. Further, under the Court’s orders to date, Defendants are

13

diligently reviewing more than 100,000 pages of documents and producing responsive non-

14

privileged documents to Plaintiffs on a rolling basis to expedite the production timeline as much as

15

possible. The Parties are in the process of briefing Plaintiffs’ fourth Motion to Compel and the

16

Parties respectively anticipate filing additional Motions to Compel in the near future based on their

17

inability to reach a compromise on certain topics discussed on their May 28, 2020 meet and confer

18

telephone conference.

19

9.

The Parties have further agreed that in order to permit the completion of all

20

document productions and to allow the Parties adequate time to review the voluminous productions

21

in advance of further fact depositions, that additional time is required across the entirety of the case

22

schedule.

23

10.

The Parties’ stipulated request is made in good faith and is the product of a

24

collaborative and cooperative effort by the Parties to identify a reasonable time frame to complete

25

their respective discovery endeavors. This stipulated extension is not intended to delay or

26

inconvenience the Court but, rather, seeks to preserve judicial economy and minimize the need for

27

unnecessary Court intervention.

28
-3-

Case 2:15-cv-00531-RFB-EJY Document 378 Filed 06/01/20 Page 4 of 4

1
2

11.

The Parties reserve their rights to request an additional extension of the deadlines

set forth above upon a showing of good cause to the Court.

3
4

IT IS SO ORDERED

5
6
7
8

UNITED MAGISTRATE JUDGE
June 1, 2020
DATED:

Submitted: May 29, 2020

9
Agreed to by:
10
By:

/s/ Tina B. Solis

By:

/s/ Nathaniel J. Kritzer

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

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

Nathaniel J. Kritzer (pro hac vice)
Steptoe & Johnson LLP
Firm ID No. 43315
1114 6th Avenue
New York, NY 10036
[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 LLC, and John Pinjuv
By:

/s/ Robert S. Larsen

Robert S. Larsen
Wing Y. Wong
Gordon & Rees Scully Mansukhani LLP
300 S. 4th St., Suite 1550
Las Vegas, Nevada 89101
Tel. [phone]
Fax. [phone]
[e-mail]
[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 LLC, and John Pinjuv

27
28
-4-