TPOV Enterprises 16, LLC v. Paris Las Vegas Operating Company, LLC

Filing 232

ORDER Granting 231 Stipulation for Extension of Time. Motions due by 8/10/2020. Signed by Judge James C. Mahan on 8/5/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-00346-JCM-VCF Document 231 Filed 08/03/20 Page 1 of 3
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08/05/20

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James J. Pisanelli, Esq., Bar No. 4027
[e-mail]
Debra L. Spinelli, Esq., Bar No. 9695
[e-mail]
M. Magali Mercera, Esq., Bar No. 11742
[e-mail]
Brittnie T. Watkins, Esq., Bar No. 13612
[e-mail]

PISANELLI BICE PLLC

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400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702.214.2101

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Attorneys for Paris Las Vegas Operating Company, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

PISANELLI BICE PLLC
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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TPOV ENTERPRISES 16, LLC, a Delaware
Limited Liability Company,

CASE NO. 2:17-cv-00346-JCM-VCF

Plaintiff,

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vs.

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PARIS LAS VEGAS OPERATING
COMPANY, LLC, a Nevada limited liability
company,

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Defendant.
PARIS LAS VEGAS OPERATING
COMPANY, LLC, a Nevada limited liability
company,

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE TO
FILE MOTION FOR ATTORNEYS' FEES

Counterclaimant.
vs.
TPOV ENTERPRISES, LLC, a Delaware
Limited Liability Company, TPOV
ENTERPRISES 16, LLC, a Delaware Limited
Liability Company, ROWEN SEIBEL, an
individual.
Counter-defendants.

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Plaintiff/Counterdefendant TPOV Enterprises 16, LLC ("TPOV 16"), Counterdefendant

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TPOV Enterprises, LLC ("TPOV"), and Counterdefendant Rowen Seibel ("Seibel") (collectively,

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"Seibel and the TPOV Entities") and Defendant/Counterclaimant Paris Las Vegas Operating

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Company, LLC ("Paris") (collectively, the "Parties"), by and through their undersigned counsel of

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record, stipulate and agree as follows:

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On July 17, 2020, this Court adopted Judge Ferenbach's report and recommendation

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in full, ordered that TPOV's answer was stricken as to TPOV only, and directed the clerk to enter

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default against TPOV. (ECF No. 229.)

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2.

On July 20, 2020, a default judgment was entered by the clerk. (ECF No. 230.)

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3.

The parties are in discussion surrounding the Court's entrance of a default judgment.

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a.

TPOV believes that the clerk erred by entering a default judgment as opposed

to a default because, as noted above, this Court only directed the clerk “to enter default” as

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to TPOV, which follows the recommendation from Judge Ferenbach pursuant to his

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PISANELLI BICE PLLC
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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February 19, 2020 report and recommendation. Further, under FRCP 55, obtaining a default

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judgment entails two steps: First, obtaining a default; and Second, obtaining a default

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judgment. See, e.g., Teller v. Dogge, No. 2:12-cv-591 JCM (GWF), 2014 U.S. Dist. LEXIS

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139632, at *3 (D. Nev. Sept. 30, 2014); see also Eitel v. McCool, 782 F.2d 1470, 1471 (9th

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Cir. 1986) (referencing “the two-step process required by Rule 55” for obtaining a default

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judgment).

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b.

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and set aside the default judgment so that the clerk may instead enter a default.

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c.

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Paris is analyzing TPOV’s request to have the Parties ask this Court to vacate

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Each Party reserves all rights with regard to entry of the default judgment.

In the interim, the parties stipulate to extend the time set forth in FRCP 54(d) and

LR 54-14 for Paris to file its motion for attorneys' fees and costs to August 10, 2020. 1

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5.

This is the first stipulation for extension of time to file the motion for attorneys' fees

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and costs and will not impact any other deadlines.

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///

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By entering into this stipulation, TPOV does not concede the propriety of the timing of such motion.

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6.

This stipulation is made in good faith and not for purposes of delay.

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DATED this 3rd day of August 2020.

DATED this 3rd day of August 2020.

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PISANELLI BICE PLLC

BAILEYKENNEDY

By:
/s/ M. Magali Mercera
James J. Pisanelli, Esq., Bar No. 4027
Debra L. Spinelli, Esq., Bar No. 9695
M. Magali Mercera, Esq., Bar No. 11742
Brittnie T. Watkins, Esq., Bar No. 13612
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101

By:
/s/ Joshua P. Gilmore
John R. Bailey, Esq., Bar No. 0137
Dennis L. Kennedy, Esq., Bar No. 1462
Joshua P. Gilmore, Esq., Bar No. 11576
Paul C. Williams, Esq., Bar No. 12524
Stephanie J. Glantz, Esq., Bar No. 14878
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302

Attorneys for Paris Las Vegas Operating
Company, LLC

Attorneys for TPOV Enterprises 16, LLC,
TPOV Enterprises, LLC and Rowen Seibel

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PISANELLI BICE PLLC
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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ORDER
IT IS SO ORDERED.

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______________________________________

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UNITED STATES DISTRICT JUDGE

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August 5, 2020
DATED:__________________________

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