Desert Palace, Inc. v. Michael

Filing 80

ORDER granting 79 stipulation to extend time to file bill of costs and motion for attorney's fees. Signed by Judge Jennifer A. Dorsey on 7/6/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:16-cv-00462-JAD-GWF Document 79 Filed 07/05/17 Page 1 of 3

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NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 0532
OLIVER J. PANCHERI, ESQ.
Nevada Bar No. 7476
JASON D. SMITH, ESQ.
Nevada Bar No. 9691
SANTORO WHITMIRE
10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Tel.: [phone] / Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff/Counterdefendant Desert Palace, Inc.

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SANTORO WHITMIRE

10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135
[phone] – fax [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DESERT PALACE, INC., d/b/a CAESARS
PALACE, a Nevada corporation,

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Plaintiff,
v.

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ANDREW P. MICHAEL, an individual; DOES 1
through 10, inclusive; ROE CORPORATIONS 1
through 10, inclusive,
Defendants.
ANDREW P. MICHAEL, an individual,

Case No.: 2:16-cv-0462-JAD-GFW
(From District Court, Clark County, Nevada,
Case No. A-15-720492-C)
STIPULATED AND PROPOSED ORDER
TO EXTEND TIME TO FILE BILL OF
COSTS AND MOTION FOR
ATTORNEY’S FEES
(First Request)
ECF No. 79

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Counterclaimant,

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v.
DESERT PALACE, INC., d/b/a CAESARS
PALACE, a Nevada corporation; ROE
CORPORATIONS 1 through 10, inclusive,
Counterdefendant.

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IT IS HEREBY STIPULATED and agreed by and between Plaintiff/Counterdefendant

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DESERT PALACE, INC. (“Plaintiff”) and Defendant/Counter-claimant ANDREW P.

Case 2:16-cv-00462-JAD-GWF Document 79 Filed 07/05/17 Page 2 of 3

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MICHAEL (“Defendant”) (together, the “Parties”), by and through their respective undersigned

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counsel, as follows:

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WHEREAS, on June 22, 2017, the Court entered its Order on Motions for Summary

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Judgment and Plaintiff’s Objections to Magistrate Judge’s Order (the “Summary Judgment

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Order”) [ECF No. 77];

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counterclaims pending in the case;
WHEREAS, the Court has scheduled a mandatory settlement conference on August 30,
2017 to resolve any remaining claims and issues;

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WHEREAS, the Parties agree that the deadline under LR 54-14 for the filing of a motion

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[phone] – fax [phone]

SANTORO WHITMIRE

10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135

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WHEREAS, the Summary Judgment Order did not resolve all of the claims and

for attorney’s fees was not triggered by the Summary Judgment Order because it did not dispose

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of all of the claims and counterclaims pending in this matter;

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WHEREAS, a question exists as to whether the deadline under LR 54-1 for filing a bill
of costs was potentially triggered by the Summary Judgment Order;

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WHEREAS, the Parties agree that interests of judicial economy are best served by

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extending the deadline for filing a bill of costs and a motion for attorney’s fees until after all of

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the claims and counterclaims pending in this matter have been finally resolved;

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IT IS HEREBY STIPULATED AND AGREED by and between the Parties that the

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deadlines under LR 54-1 and LR 54-14 for filing a bill of costs and any motion for attorney’s

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fees are hereby extended (to the extent that either deadline was triggered by the Summary

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Judgment Order) to 14 days after the entry of the final judgment or other order disposing of this

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matter in its entirety including all claims and counterclaims;

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IT IS HEREBY FURTHER STIPULATED AND AGREED that by entering into this

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Stipulation and Order neither Party is conceding that the deadlines under LR 54-1 or LR 54-14

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were, or were not, triggered by the Summary Judgment Order. Rather, the Parties enter into this

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Stipulation and Order solely out of an abundance of caution and to avoid motion practice

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regarding a potentially premature bill of costs and/or motion for attorney’s fees. This Stipulation

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and Order shall not prevent the Parties from filing a bill of costs and/or a motion for attorney’s
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Case 2:16-cv-00462-JAD-GWF Document 79 Filed 07/05/17 Page 3 of 3

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fees at any time prior to the deadline set forth herein. Nothing in this Stipulation and Order shall

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be construed as a waiver of any rights or an admission of any matter. The Parties expressly

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reserve all rights, claims, and defenses in this action.

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Date: July 5, 2017

Date: July 5, 2017

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SANTORO WHITMIRE

HOGAN HULET PLLC

/s/Oliver J. Pancheri
NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 532
OLIVER J. PANCHERI, ESQ.
Nevada Bar No. 7476
JASON D. SMITH, ESQ.
Nevada Bar No. 9691
101000 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Tel.: [phone] / Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Desert Palace, Inc.

/s/ Kenneth E. Hogan
KENNETH E. HOGAN, ESQ.
Nevada Bar No. 10083
JEFFREY L. HULET, ESQ.
Nevada Bar No. 10621
1140 N. Town Center Drive, Suite 300
Las Vegas, Nevada 89144
Tel.: [phone] / Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Andrew P. Michael

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[phone] – fax [phone]

SANTORO WHITMIRE

10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135

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IT IS SO ORDERED:
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__________________________________
____________________________________
UNITED STATES MAGISTRATE
U.S. District Judge Jennifer Dorsey JUDGE
July 6, 2017
Dated:_____________________________

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