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

Filing 725

ORDER granting 724 Stipulation TO EXTEND DEADLINES IN JULY 12, 2022, REVISED DISCOVERY PLAN AND SCHEDULING ORDER ECF NO. 593 . Signed by Magistrate Judge Elayna J. Youchah on 5/7/2024. (Copies have been distributed pursuant to the NEF - CAH)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

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]
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)
Attorneys for Plaintiffs Newmark Group Inc.,
G&E Acquisition Company LLC, and BGC
RealEstate of Nevada LLC

15

18
19
20
21
22
23
24
25
26
27
28

Nathaniel Kritzer
Steptoe & Johnson LLP
1114 Avenue of the Americas
New York, NY 10036
Tel. [phone]
Fax [phone]
[e-mail]
(admitted pro hac vice)
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

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

16
17

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]

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
STIPULATION TO EXTEND
DEADLINES IN JULY 12, 2022,
REVISED DISCOVERY PLAN AND
SCHEDULING ORDER (ECF NO. 593)

1

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

2

of Nevada (“Plaintiffs”), through their counsel, and Defendants Avison Young (Canada) Inc.,

3

Avison Young (USA) Inc., Avison Young–Nevada LLC, Mark Rose, Joseph Kupiec, John

4

Pinjuv, and The Nevada Commercial Group (“Defendants”), through their counsel (together, the

5

“Parties”), jointly submit the following stipulation to extend the deadlines in the revised

6

discovery plan and scheduling order of July 12, 2022 (“Scheduling Order”) (ECF No. 593):

7
8
9

STIPULATION
1.

On July 12, 2022, the Court entered a Scheduling Order stating that “[t]he joint

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

10

(ECF No. 593.)

11

2.

12
13
14

As of the date of this stipulation, the Scheduling Order remains the operative order

for purposes of calculating the deadline for filing the joint pretrial order.
3.

On February 15, 2024, the Court conducted a hearing on the parties’ cross-motions

for summary judgment. (ECF No. 720.)

15

4.

At hearing, the Court contemplated setting the case for trial in December 2024.

16

5.

On March 31, 2024, the Court entered an order granting in part and denying in part

17
18
19
20

the parties’ cross-motions for summary judgment. (ECF No. 723.)
6.

Under the Scheduling Order, the parties’ joint pretrial order currently is due on

May 30, 2024.
7.

Having reviewed the Court’s Chambers Practices and Order Regarding Trial, the

21

Parties agree that, to promote efficient trial preparation, the following pretrial deadlines should be

22

entered.

23

8.

On July 1, 2024, the parties shall exchange the following materials:

24

a.

Exhibit lists and proposed exhibits.

25

b.

Deposition designations.

26

c.

Lists of trial witnesses indicating whether the witnesses will testify live or

27

by deposition designation, as well as briefly summarizing each witness’s

28

testimony.
-2-

1

d.

A brief statement by Plaintiffs as to the basis for subject-matter jurisdiction.

2

e.

A brief summary of the claims and defenses that each party asserts remain

3

to be tried, including citations to any statutes on which the party relies. The

4

summaries shall also identify all claims and defenses previously asserted

5

that are not to be tried.

6

f.

7

Parties consent.

8

g.

9

Plaintiffs’ proposed statement regarding the number of trial days needed
and whether the case will be tried to a jury.

10

h.

11
12

Proposed stipulations or agreed statements of fact or law to which all

Plaintiffs’ proposed statement regarding whether the parties have
consented to trial by a magistrate judge.

9.

On August 2, 2024, the parties shall exchange the following materials:

13

a.

Objections to exhibit lists and proposed exhibits.

14

b.

Objections to deposition designations and counter-designations.

15

c.

A brief statement by each Defendant as to the presence or absence of

16

subject-matter jurisdiction.

17

d.

18

which all parties consent.

19

e.

20
f.

22

24
25
26
27

Defendants’ response to proposed statement regarding the number of trial
days needed and whether the case will be tried to a jury.

21

23

Responses to proposed stipulations or agreed statements of fact or law to

Defendants’ response to proposed statement regarding whether the parties
have consented to trial by a magistrate judge.

10.

Between August 3, 2024, and August 12, 2024, the parties shall meet and confer

regarding proposed stipulations or agreed statements of fact or law to which all parties consent.
11.

On August 16, 2024, the parties shall exchange:
a.

Counter-counter-designations and objections to deposition counterdesignations.

28
-3-

1

b.

Lists of exhibits to be offered in case in chief (with one star indicating

2

exhibits to which no party objects on grounds of authenticity and two stars

3

indicating exhibits to which no party objects on any grounds).

4
5

12.

By August 27, 2024, the parties shall finalize the stipulations or agreed statements

of fact or law discussed between August 3, 2024, and August 12, 2024.

6

13.

On August 29, 2024, the parties shall file their joint pretrial order.

7

14.

Following the submission of this stipulation, the Court shall set a trial date.

8

15.

In accordance with the trial date, the Court shall schedule deadlines for the parties

9
10
11

to file motions in limine, jury instructions, voir dire questions, and, if the Court deems it
necessary, pretrial memoranda of law.
16.

The proposed scheduling modifications described above are requested in good

12

faith and made with good cause. They are not intended to delay or inconvenience the Court, but

13

rather to promote judicial economy and minimize the need for unnecessary court intervention.

14

IT IS SO ORDERED:

15
Hon. Elayna J. Youchah
United States Magistrate Judge

16
17

DATED:

18
19
20
21
22
23
24
25
26
27
28
-4-

May 7, 2024

1

Dated: May 7, 2024

2

Respectfully submitted by:

3

NIXON PEABODY LLP

STEPTOE & JOHNSON LLP

4

By:

By:

5

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]

6
7
8
9
10
11
12
13
14
15
16
17
18

/s/ Tina B. Solis

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

/s/ Nathaniel J. Kritzer

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]
Nathaniel J. Kritzer
Steptoe & Johnson LLP
1114 Avenue of the Americas
New York, NY 10036
Tel. [phone]
Fax [phone]
[e-mail]
(admitted pro hac vice)
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

19
20
21
22
23
24
25
26
27
28
-5-