Tamares Las Vegas Properties, LLC et al v. Travelers Indemnity Company

Filing 135

ORDER Granting 134 Stipulation to Extend Time. Proposed Joint Pretrial Order due by 11/15/2019. Signed by Judge Jennifer A. Dorsey on 11/1/2019. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 9 10 Joshua L. Mallin WEG & MYERS, P.C. 52 Duane Street, 2nd Floor New York, NY 10007 Telephone: (212) 227-4210 Facsimile: (212) 349-6702 Email: jmallin@wegandmyers.com and local counsel Shan Davis (SBN 9323) DAVIS|STIBOR 1180 N. Town Center Drive, Ste. 100 Las Vegas, NV 89144 Telephone: (702) 726-6885 Facsimile: (702) 933-1464 Email: shandavis@davisstibor.com Attorneys for Tamares Las Vegas Properties, LLC and Plaza Hotel & Casino, LLC 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 TAMARES LAS VEGAS PROPERTIES, LLC; PLAZA HOTEL & CASINO, LLC; and T-UPR, LLC, Plaintiffs, 16 17 vs. 18 THE TRAVELERS INDEMNITY COMPANY, 19 Defendant. 20 Case No. 2:16-cv-02933-JAD-NJK ORDER GRANTING STIPULATION TO EXTEND DATE TO FILE JPTO (First Request) [ECF No. 21 Pursuant to Local Rule 26-4, Plaintiffs Tamares Las Vegas Properties, LLC, Plaza Hotel 22 & Casino, LL, and T-UPR, LLC (collectively “Plaintiffs”) and Defendant The Travelers 23 Indemnity Company (“Travelers”), by and through their respective counsel of record, hereby 24 stipulate and request that the Court extend the date by which the parties must file their Joint Pre- 25 Trial Order for an additional (7) days. This is the parties’ first request for such an extension. 26 /// 27 /// 28 /// I. 1 THE JOINT PRE TRIAL ORDER 2 By Decision and Order dated August 9, 2019, the Court granted in part and denied in part 3 Travelers Motion for Summary Judgment and denied Plaza’s Motion for Summary Judgment. In 4 that same Order, the Court referred this case to the United States Magistrate Judge for a 5 mandatory settlement conference. The Court also stayed the parties’ obligation to file their joint 6 pretrial order until 10 days after the settlement conference. II. 7 THE MANDATORY MEDIATION CONFERENCE 8 By Order dated August 13, 2019, the Court issued an Order requiring the parties to appear before 9 Magistrate Judge Koppe on October 29, 2019, to participate in a mandatory settlement 10 conference. The Court also required that mediation statements be served on Judge Koppe’s 11 mailbox in the Clerk’s Office, on or before October 22, 2019. 12 By Agreement amongst the parties and the Court on October 22, 2019, Magistrate 13 Judge Koppe permitted Plaintiffs to file their mediation statements with the Court on October 23, 14 2019. All parties appeared for the mediation conference on October 29, 2019. The case did not 15 settle at mediation. 16 III. 17 REASONS WHY THE DEADLINES CANNOT BE COMPLETED WITHIN THE CURRENT SCHEDULE 18 While the parties have been separately working on the Joint Pretrial Order, given the 19 extensive submissions made to the Magistrate in preparation for the mediation, the parties are 20 requesting a short extension with respect to the submission of the Joint Pretrial Order in order to 21 attempt to stipulate to as many facts and exhibits as possible. The parties also hope to firm up the 22 availability of all of the trial witnesses, consistent with the suggested trial dates being submitted 23 to the Court as part of the Joint Pretrial Order. Given the length of the mediation statements, and 24 the 10 day window, good cause exists to extend this deadline despite there being less than 21 days 25 before the Joint Pretrial Order is presently due. 26 /// 27 /// 28 /// -2- 1 IV. 2 WHEREFORE, the parties respectfully request that the current filing date for the Joint 3 PROPOSED SCHEDULE Pretrial Order, currently scheduled for November 8, 2019, be extended to November 15, 2019. 4 5 Dated: November 1, 2019. Dated: November 1, 2019. 6 WEG and MYERS, P.C FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 7 8 11 12 /s/ Amy M. Samberg Amy M. Samberg 1 East Washington Street, Suite 500 Phoenix, AZ 85004 /s/ Joshua L. Mallin Dennis T. D’Antonio (admitted pro hac vice) Joshua L. Mallin (admitted pro hac vice) Anne Marie Basset(admitted pro hac vice) 52 Duane Avenue, 2nd Floor New York, NY 10007 DAVIS|STIBOR 9 10 2200 Paseo Verde Parkway, Suite 280 Henderson, NV 89052 Counsel for The Insurance Company 13 14 15 16 17 /s/ Shan Davis Shan Davis 1180 N. Town Center Drive, Suite 100 Las Vegas, NV 89114 ORDER 19 21 22 23 Indemnity Counsel for Plaintiffs 18 20 Travelers IT IS SO ORDERED. DATED this 1st day of November, 2019. 24 25 26 _______________________________________ U.S. District Judge Jennifer A. Dosrey 27 28 -3-

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