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

Filing 301

ORDER Granting 299 Stipulation for Extension of Time. Motions due by 6/11/2021. Responses due by 6/25/2021. Replies due by 7/2/2021. Signed by Judge James C. Mahan on 6/7/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-00346-JCM-VCF Document 300 Filed 06/04/21 Page 1 of 3

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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]

PISANELLI BICE PLLC

400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Attorneys for Paris Las Vegas
Operating Company, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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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STIPULATION AND ORDER TO EXTEND
BRIEFING SCHEDULE REGARDING
MOTION TO STAY

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

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(FIRST REQUEST)

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

Counterclaimant.

TPOV ENTERPRISES, LLC, a Delaware
Limited Liability Company, TPOV
ENTERPRISES 16, LLC, a Delaware Limited
Liability Company, Rowen Siebel, an
individual.
Counter-defendants.

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Pursuant to LR IA 6-1, Plaintiff/Counterdefendant TPOV Enterprises 16, LLC ("TPOV 16");

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Counterdefendant TPOV Enterprises, LLC ("TPOV"); Counterdefendant Rowen Seibel ("Seibel")

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(collectively, "Seibel and the TPOV Entities"); and Defendant/Counterclaimant Paris Las Vegas

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Case 2:17-cv-00346-JCM-VCF Document 300 Filed 06/04/21 Page 2 of 3

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

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counsel of record, stipulate and agree as follows:

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1.

On May 25, 2021, the Parties stipulated to set a briefing schedule for a forthcoming

motion to stay. (ECF No. 297.)

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2.

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(ECF No. 298.)

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3.

On May 28, 20201, this Court entered an Order granting the Parties' Stipulation.

Good cause exists to extend the briefing schedule for the motion to stay. In the case

Seibel v. PHWLV, LLC, Case No. A-17-751759-B (the "State Court Matter"), currently pending

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before the Eighth Judicial District Court of the State of Nevada, County of Clark ("State Court"), the

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State Court granted Paris and its affiliates' Motion to Compel Documents Withheld on the Basis of

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

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the Attorney-Client Privilege Pursuant to the Crime-Fraud Exception. The State Court ordered Paris

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and its affiliates to prepare the Findings of Fact, Conclusions of Law and Order. Despite meet and

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confer efforts, the Parties have been unable to agree on a joint order and are submitting competing

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findings of fact, conclusions of law, and orders to the State Court.

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4.

Pursuant to an agreement between the Parties, discovery propounded in the State

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Court Matter can be used in this matter and discovery propounded in this matter can be used in the

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State Court Matter. Plaintiff/Counterdefendants have indicated they intend to seek review (through

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a writ petition to the Nevada Supreme Court) of the State Court's ruling and a stay of enforcement

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of the order, once entered in the State Court Matter, pending the outcome of their writ. Without

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waiver of any arguments or rights by the Parties, the Parties have discussed whether this matter

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should be stayed until either Plaintiff/Counterdefendants produce the documents ordered compelled

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by the State Court or until resolution of their anticipated writ.

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5.

While the Parties have not reached an agreement as to any potential stay, they have

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agreed to present the issue to this Court for resolution on a forthcoming motion to stay to be filed by

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Paris.

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6.

Previously the Parties agreed that Paris would have up to and including June 4, 2021

to file a motion for stay. The Parties have agreed to extend the briefing schedule for the forthcoming

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Case 2:17-cv-00346-JCM-VCF Document 300 Filed 06/04/21 Page 3 of 3

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motion to stay one week to allow time for the State Court to enter its Findings of Fact, Conclusions

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of Law and Order following the Parties' submission of competing orders.

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7.

Accordingly, the Parties have agreed as follows:

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a. Paris shall file a motion to stay by or before June 11, 2021.

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b. Plaintiff/Counterdefendants shall file their response to the forthcoming motion to

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stay by or before June 25, 2021.

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c. Paris shall file its reply by or before July 2, 2021.

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This Stipulation and Order to extend the deadline to file the motion to stay is made

in good faith, with good cause, and not for purposes of unduly delaying trial.
DATED this 4th day of June 2021.

DATED this 4th day of June 2021.

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

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PISANELLI BICE PLLC

BAILEY KENNEDY

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By:

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/s/ M. Magali Mercera
By:
/s/ Paul C. Williams
James J. Pisanelli, Esq., Bar No. 4027
John R. Bailey, Esq., Bar No. 0137
Debra L. Spinelli, Esq., Bar No. 9695
Dennis L. Kennedy, Esq., Bar No. 1462
M. Magali Mercera, Esq., Bar No. 11742
Joshua P. Gilmore, Esq., Bar No. 11576
400 South 7th Street, Suite 300
Paul C. Williams, Esq., Bar No. 12524
Stephanie J. Glantz, Esq., Bar No. 14878
Las Vegas, Nevada 89101
8984 Spanish Ridge Avenue
Las Vegas, NV 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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ORDER
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
June 7, 2021
DATED:

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