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

Filing 264

ORDER Granting 263 Stipulation and [Proposed] Order re Page Limits and Briefing Schedule Concerning Travelers' Post-Judgment Motion for Attorneys' Fees and Costs re 262 Order on Stipulation. Responses due by 1/20/2023. Replies due by 2/10/2023. Signed by Judge Jennifer A. Dorsey on 11/22/2022. (Copies have been distributed pursuant to the NEF - YAW)

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Amy M. Samberg (NV Bar No. 10212)
[e-mail]
Lee H. Gorlin (NV Bar No. 13879)
[e-mail]
CLYDE & CO US LLP
7251 West Lake Mead Boulevard, Suite 430
Las Vegas, NV 89128
Telephone: [phone]
Facsimile: 725-248-2907
Gregory P. Varga (Admitted Pro Hac Vice)
J. Tyler Butts (Admitted Pro Hac Vice)
ROBINSON & COLE LLP
280 Trumbull Street
Hartford, CT 06103
Email: [e-mail]
[e-mail]
Attorneys for The Travelers Indemnity
Company

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMARES LAS VEGAS PROPERTIES,
LLC; PLAZA HOTEL & CASINO, LLC; and
T-UPR, LLC,

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Plaintiffs,

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vs.

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THE TRAVELERS INDEMNITY
COMPANY,

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Case No. 2:16-cv-02933-JAD-NJK
STIPULATION AND ORDER RE: PAGE
LIMITS AND BRIEFING SCHEDULE
CONCERNING TRAVELERS’ POSTJUDGMENT MOTION FOR
ATTORNEYS’ FEES AND COSTS
ECF No. 263

Defendant.

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STIPULATION

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Plaintiffs Tamares Las Vegas Properties, LLC; Plaza Hotel & Casino, LLC; and T-UPR,

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LLC (collectively “Plaintiffs”), through the law firm of Brownstein Hyatt Farber Schreck, LLP,

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and The Travelers Indemnity Company (“Travelers”), through the law firms Clyde & Co LLP and

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Robinson & Cole LLP (Plaintiffs together with Travelers, the “Parties”) hereby agree and stipulate

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as follows:

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1.

Travelers intends to file a Motion for Attorneys’ Fees and Costs pursuant to Fed. R.
Civ. P. 54(d) (“Travelers’ Motion”) on November 30, 2022. See ECF No. 262.

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2.

Travelers has indicated that its Motion will seek attorneys’ fees pursuant to two

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statutes (NRS 18.010 and 28 U.S.C. § 1927), the Federal Rules of Civil Procedure,

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as well as the Court’s inherent authority.

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3.

Each of these legal grounds presents differing standards for seeking an award of

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fees, and Travelers’ Motion and Plaintiffs’ Opposition will necessarily include a

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significant discussion of the underlying facts and procedural history of this matter,

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including certain pre-suit activity, pretrial discovery practice, motion practice, the

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trial, and information gathered during recent post-trial discovery.

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4.

Additionally, and pursuant to Local Rule 54-14, Travelers’ Motion and Plaintiffs’

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Opposition will address Travelers’ request for attorneys’ fees with thirteen

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categories of information, which includes a discussion of the fees and costs that

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Travelers has incurred throughout the lifetime of this matter.

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5.

The Parties agree that there is good cause for increasing the page limits of their

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submissions in that the aforementioned subjects cannot be adequately addressed

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within the page limits prescribed by the Local Rules.

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6.

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In light of the foregoing, the Parties agree and stipulate as follows:
a.

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The page limits of LR II 7-3 shall be waived for the purposes of briefing of
Travelers’ Motion and Plaintiffs’ Opposition;

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b.

Travelers’ Motion shall be limited to 45 pages in length, excluding exhibits;

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c.

Plaintiffs’ Opposition to Travelers Motion shall be limited to 45 pages in

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length, excluding exhibits;

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d.

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Plaintiffs shall file their Opposition to Travelers’ Motion on or before
January 20, 2023;

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e.

Travelers shall file its Reply to Plaintiffs’ Opposition, and in support of

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Travelers’ Motion, on or before February 10, 2023. Said Reply shall be

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limited to 15 pages in length, excluding exhibits.

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Dated: November 22, 2022

Dated: November 22, 2022

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BROWNSTEIN HYATT FARBER
SCHRECK, LLP

CLYDE & CO US LLP

/s/ Patrick J. Reilly
/
Frank M. Flansburg III
Patrick J. Reilly
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106

/s/ Lee H. Gorlin
/
Amy M. Samberg
Lee H. Gorlin
7251 West Lake Mead Boulevard, Suite 430
Las Vegas, Nevada 89128

Attorneys for Plaintiffs

ROBINSON COLE LLP
Gregory P. Varga
J. Tyler Butts
280 Trumbull Street
Hartford, Connecticut 06103

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Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.

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____________________________________
UNITED STATES DISTRICT JUDGE
DATED:11-22-22

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