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

Filing 318

ORDER Granting 317 Stipulation for Extension of Time Re: 269 Motion for Summary Judgment, 270 Motion for Summary Judgment. Responses due by 9/10/2021. Replies due by 10/1/2021. Signed by Judge James C. Mahan on 7/28/2021. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:17-cv-00346-JCM-VCF Document 317 Filed 07/27/21 Page 1 of 4

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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
REGARDING HEARING ON MOTION TO
STAY AND TO MODIFY MOTION FOR
SUMMARY JUDGMENT SCHEDULE

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

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(FOURTH 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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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 March 12, 2021, Plaintiff/Counterdefendants filed a Motion for Summary

Judgment on Paris' Counterclaims. (ECF Nos. 269, 272.)
2.

On March 12, 2021, Paris filed a Motion for Summary Judgment on all of TPOV 16's

claims and Paris' counterclaims. (ECF Nos. 270-271.)
3.

Good cause exists to extend the briefing schedule on the motions for summary

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

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currently pending before the Eighth Judicial District Court of the State of Nevada, County of Clark

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("State Court"), the State Court granted Paris and its affiliates' Motion to Compel Documents

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

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Withheld on the Basis of the Attorney-Client Privilege Pursuant to the Crime-Fraud Exception.

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(ECF No. 303-1.)

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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. Seibel and the TPOV Entities 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, pending the outcome of their writ.

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5.

Without waiver of any arguments or rights, the Parties discussed whether the

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remaining briefing of the summary judgment motions in this matter should be stayed until either

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Seibel and the TPOV Entities produce the documents ordered compelled by the State Court or until

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resolution of their anticipated writ.

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6.

While the Parties did not reach an agreement as to any potential stay, they agreed to

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present the issue to this Court for resolution and continue the deadlines to file responses to motions

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for summary judgment and replies thereto to allow this Court time to consider and rule upon a motion

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to stay to be filed by Paris. (ECF No. 298.)

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7.

On June 11, 2021, Paris filed its Motion to Stay Pending Production of Documents

Pursuant to Crime-Fraud Exception (the "Motion to Stay"). (ECF No. 305.)

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to Stay. (ECF No. 307.)

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On June 25, 2021, Seibel and the TPOV Entities filed their Response to the Motion

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On July 2, 2021, Paris filed its Reply in Support of the Motion to Stay. (ECF No.

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The Parties have agreed and respectfully request that, if the Court intends to entertain

311.)

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oral argument on the Motion to Stay, that the Court set a hearing on or before August 23, 2021, or

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as soon thereafter as this Court's schedule permits.

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summary judgment. This is the fourth request to modify the deadline to respond to motions for
summary judgment.

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

Additionally, the Parties have agreed to extend the deadline to respond to motions for

12.

On April 8, 2021, the Parties stipulated to extend the deadline to respond to the

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respective motions for summary judgment to April 30, 2021, and to extend the deadline to file reply

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briefs in support of their respective motions for summary judgment to May 21, 2021. (ECF No.

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291.)

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13.

On April 9, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF

No. 292.)

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14.

On April 29, 2021, the Parties stipulated to extend the deadline to respond to the

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respective motions for summary judgment to May 24, 2021, and to extend the deadline to file reply

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briefs in support of their respective motions for summary judgment to June 14, 2021. (ECF No.

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293.)

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15.

On April 30, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF

No. 294.)

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16.

On May 25, 2021, the Parties stipulated to extend the deadline to respond to the

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respective motions for summary judgment to July 28, 2021, and to extend the deadline to file reply

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briefs in support of their respective motions for summary judgment to August 18, 2021. (ECF No.

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297.)

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17.

On May 28, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF

No. 298.)
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18.

Unless this Court orders otherwise (e.g., by granting the Motion to Stay), the Parties

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have agreed that the deadline to file responses to motions for summary judgment shall be extended

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from July 28, 2021, to September 10, 2021, and the deadline for filing reply briefs in support of the

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motions for summary judgment shall be extended from September 24, 2021, to October 1, 2021.

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19.

This Stipulation and Order is made in good faith, with good cause, and not for

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purposes of unduly delaying trial.

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DATED this 27th day of July 2021.

DATED this 27th day of July 2021.

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PISANELLI BICE PLLC

BAILEY KENNEDY

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By:

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

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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
Las Vegas, Nevada 89101
Stephanie J. Glantz, Esq., Bar No. 14878
8984 Spanish Ridge Avenue
Attorneys for Paris Las Vegas Operating
Las Vegas, NV 89148-1302
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
July 28, 2021
DATED:

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