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

Filing 436

ORDER Granting 435 Stipulation for Extension of Time. Parties shall file a status report within 10 days of the completion of all discovery providing a date certain for the filing of dispositive motions, oppositions, and replies. Signed by Magistrate Judge Elayna J. Youchah on 1/11/2021. (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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Tina B. Solis, Illinois Bar No. 6242461
Seth A. Horvath, Illinois Bar No. 6283110
Nixon Peabody LLP
70 W. Madison Street, Suite 3500
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
[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
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
NEWMARK GROUP INC., G&E
ACQUISITION COMPANY LLC, and BGC
REAL ESTATE OF NEVADA LLC,

)
) CASE NO.: 2:15–cv–00531–RFB–GWF
)
)
Plaintiffs,
) STIPULATION TO EXTEND
v.
) DEADLINES IN JUNE 1, 2020,
AVISON YOUNG (CANADA) INC., AVISON ) SCHEDULING ORDER (ECF NO.
) 378)
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.

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Plaintiffs Newmark Group Inc., G&E Acquisition Company LLC, and BGC Real Estate of
Nevada, through their counsel, and Defendants Avison Young (Canada) Inc., Avison Young (USA)

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

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

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stipulation to extend the deadlines in the scheduling order entered on June 1, 2020 (the “Scheduling

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Order”) (ECF No. 378):

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1.

On June 1, 2020, the Court entered the Parties’ Stipulation to Extend Deadlines in

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April 24, 2020, Order (the “Scheduling Order”). (ECF No. 339.)
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2.

At the time the stipulation was entered, Plaintiffs’ Motion for Protective Order (ECF

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No. 298) and Plaintiffs’ Motion to Compel Directed to the AY Defendants, the NCG Defendants,
and the Third-Party Subpoena Recipients (ECF No. 374 (refiled as ECF No. 395)) were pending

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before the Court.

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3.

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At a telephonic hearing on June 10, 2020, the Court heard Plaintiffs’ Motion for

Protective Order. (ECF No. 389.)
4.

On September 1, 2020, Plaintiffs filed their Motion to Compel the AY Defendants

and the NCG Defendants to (I) Search Additional Sources of ESI, (II) Produce “AY University”
Documents, (III) Produce Documents Improperly Included in the AY Defendants’ Clawback
Request, (IV) Produce Documents Improperly Withheld as Privileged, and (V) Provide an

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Adequate Forensic Report (the “Motion to Compel Directed to the AY Defendants and NCG
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Defendants”), which has now been fully briefed and argued. (ECF Nos. 397, 406, 410.)
5.

On September 14, 2020, the Court entered an order on Plaintiffs’ Motion for

Protective Order. (ECF No. 402.)
6.

At a Zoom hearing on October 13, 2020, the Court entered rulings on Plaintiffs’

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Motion to Compel Directed to the AY Defendants, the NCG Defendants, and the Third-Party

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Subpoena Recipients. (ECF No. 414.)

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7.

On October 28, 2020, Defendants filed their First Motion to Compel directed to

Plaintiffs, which has now been fully briefed and argued. (ECF No. 416.) Collectively, Plaintiffs’
Motion to Compel Directed to the AY Defendants and NCG Defendants and Defendants’ First
Motion to Compel are referred to herein as the “Motions to Compel.” On or about December 16,

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2020, the Court heard oral argument on the Motions to Compel and ordered both parties to produce

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additional materials. The Parties have agreed to the following extensions of the deadlines set forth

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in the current Scheduling Order:

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a.

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All document productions are to be completed within 60 days of the
Court’s entry of an order approving this stipulation.

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b.

The Parties shall have 30 days after the document-production

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deadline to review each other’s productions in advance of the

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remaining depositions in this matter and to coordinate the schedules

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of their witnesses in preparation for the depositions. The period for

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completing fact depositions will run for 120 days from the deadline

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for reviewing document productions.

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c.

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Initial expert disclosures in accordance with Federal Rule of Civil
Procedure 26 shall be made within 60 days after the deadline for

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completing fact depositions. Rebuttal expert disclosures are due 30

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days after the deadline for completing initial expert disclosures.

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d.

Expert depositions are to be completed within 30 days after the

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deadline for completing rebuttal expert disclosures.
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e.

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for completing expert depositions.

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f.

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The joint pretrial report shall be filed within 60 days after the
Court’s decision on dispositive motions.

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The deadline for dispositive motions is 45 days after the deadline

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The Parties do not seek appointment of a Special Master at this time. In the event

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that a Special Master is later appointed in this case to address any discovery issues, the Parties

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reserve their rights to have the Special Master review those documents identified by the Court at

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the hearing on the Motions to Compel to be submitted (at the moving party’s election) to a Special

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Master.

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9.

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

ongoing COVID-19 pandemic has continued to impose significant disruptions to ordinary business
activities of all Parties and counsel. The Parties have engaged in a collaborative and cooperative

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effort to identify a reasonable time frame to complete discovery. This stipulated extension is not
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intended to delay or inconvenience the Court, but rather seeks to promote judicial economy and
minimize the need for unnecessary court intervention.
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The Parties anticipate that this will be the last extension necessary to complete

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discovery, but out of an abundance of caution, they reserve their rights to request an additional

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

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The Parties further stipulate that, in lieu of utilizing the ten-deposition limitation

reflected in Federal Rule of Civil Procedure 30(a)(1)(A)(i), each side shall have a total of 70 hours
to complete fact depositions. Plaintiffs’ 70-hour total shall be reduced by the number of hours
already spent on the record to conduct the depositions of John Pinjuv, Barton Hyde, Debra Sinclair,
and David Dworkin. Each party may allocate its time as it sees fit, but no one deposition shall

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exceed seven hours on the record.
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IT IS SO ORDERED; provided, however, that the parties shall file a status report
within 10 days of the completion of all discovery providing a date certain for
the filing of dispositive motions, oppositions, and replies.

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__________________________________
U.S. MAGISTRATE JUDGE

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Submitted: January 8, 2021

Dated: January 11, 2021

Agreed to by:
/s/ Nathaniel J. Kritzer

By:

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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]

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]

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]

Nathaniel J. Kritzer (pro hac vice)
Steptoe & Johnson LLP
Firm ID No. 43315
1114 6th Avenue
New York, NY 10036
[e-mail]

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/s/ Tina B. Solis

By:

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

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

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