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

Filing 695

ORDER Granting 694 Unopposed Motion for Leave to File Response Brief Exceeding Page Limit. Signed by Magistrate Judge Elayna J. Youchah on 6/23/2023. (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
Seth A. Horvath
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

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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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Case No. 2:15–cv–00531–RFB–EJY

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.

PLAINTIFFS’ UNOPPOSED MOTION
FOR LEAVE TO FILE RESPONSE
BRIEF EXCEEDING LR 7-3’s PAGE
LIMIT IN OPPOSITION TO
DEFENDANTS’ MOTION TO EXCLUDE
THE TESTIMONY OF PLAINTIFFS’
EXPERT CHRISTOPHER SPADEA

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Plaintiffs 1 through their counsel, move this Court under Local Rule 7-3 for an order

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allowing them to file a response in opposition to Defendants’ motion to exclude expert testimony

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(Defs.’ Mot. to Exclude, ECF No. 644) that exceeds the twenty-four-page limit set forth in LR 7-

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3.

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In support of this motion, Plaintiffs submit the following Declaration of Tina B. Solis
showing good cause for the relief requested:

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DECLARATION OF TINA B. SOLIS

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I, Tina B. Solis, declare as follows:

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1.

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I am a legal adult of sound mind with personal knowledge of the facts stated in this

declaration and could testify competently to those facts if called on to do so.

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2.

I am a partner in the law firm of Nixon Peabody LLP.

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3.

I am lead counsel in this litigation for Plaintiffs.

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4.

This declaration is submitted in support of Plaintiffs’ unopposed motion for leave to

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file a response exceeding LR 7-3’s page limit in opposition to Defendants’ motion to exclude the

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testimony of Plaintiffs’ expert Christopher Spadea (“Spadea”).

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5.

Given the numerous factual and legal issues raised in Defendants’ motion, the

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extensive amount of information to be addressed in responding to Defendants’ arguments, and the

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fact that Defendants’ motion is cross-referenced in their dispositive motions (see NCG Defs.’ MSJ,

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ECF No. 629, at 24; AY Defs.’ MSJ, ECF No. 637 at 60), Plaintiffs submit that there is good cause

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to permit them to file a thirty-page response brief.

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6.

Defendants do not oppose Plaintiffs’ request.

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7.

In accordance with 28 U.S.C. § 1746, I, Tina B. Solis, declare under penalty of

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perjury that the foregoing is true and correct.

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Executed this 22nd day of June, 2023, in Chicago, Illinois.

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“Plaintiffs” refers to all parties listed in the caption as plaintiffs, and “Defendants” refers to all parties listed in the
caption as defendants.

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CONCLUSION

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Based upon the foregoing declaration, and for good cause shown, Plaintiffs respectfully

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request the entry of an order granting them leave to file a thirty-page response brief, excluding

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exhibits, in opposition to Defendants’ motion to exclude Spadea’s expert testimony.

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Dated: June 22, 2023

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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Tina B. Solis
Seth A. Horvath
Nixon Peabody LLP
70 W. Madison Street, Suite 5200
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
(admitted pro hac vice)

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

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ORDER

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IT IS SO ORDERED.

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___________________________________
UNITED STATES MAIGSTRATE JUDGE

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Dated: June 23, 2023

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