Philadelphia Indemnity Insurance Company v. Five Star Restaurants, LLC et al

Filing 51

ORDER that 17 Preliminary Injunction remains in place. Philadelphia Indemnity Insurance Company ("Philadelphia") will pay the undisputed amounts identified in the Joint Status Report (ECF No. 47 ) in exchange for appropriate releases f rom each claimant and is to coordinate with Five Star Restaurants, LLC, Westbury Manor Enterprises, Inc., Vincent Scotto, and Michelina Scotto (the "Indemnitors") in so doing. The Indemnitors are to replenish the collateral paid beginning w ith a deposit of $100,000.00 on or before December 31, 2017. The Court anticipates requiring another deposit in early 2018. The Parties will come before the Court for a status check on January 31, 2018 at 9:00 A.M. to discuss additional deposits. The Parties are to continue to discuss whether they can stipulate to any alteration to the total amount of collateral security required. Signed by Judge Andrew P. Gordon on 10/2/17. (Copies have been distributed pursuant to the NEF - MMM)

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KURT C. FAUX, ESQ.
Nevada Bar No. 003407
JORDAN F. FAUX, ESQ.
Nevada Bar No. 012205
THE FAUX LAW GROUP
1540 W. Warm Springs Road, #100
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Philadelphia Indemnity Insurance Company

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:17-cv-00871-APG-PAL

Plaintiff,

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vs.

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THE FAUX LAW GROUP

1540 W. WARM SPRINGS ROAD, SUITE 100
HENDERSON, NEVADA 89014
TEL. [phone]

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PHILADELPHIA INDEMNITY INSURANCE
COMPANY, a Pennyslvania Corporation;

ORDER

FIVE STAR RESTAURANTS, LLC, a Nevada
limited liability company; WESTBURY
MANOR ENTERPRISES, Inc. a Delaware
foreign business corporation; VINCENT
SCOTTO, an individual; MICHELINA
SCOTTO, an individual; DOE INDIVIDUALS 1
through 10, inclusive; ROE BUSINESS
ENTITIES 11 through 20, inclusive;

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Defendants.

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This matter came for hearing before the Court based upon the Parties’ Joint Status Report
(ECF No. 47). Good cause appearing therefore, the Court orders as follows:

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1.

The Court’s Preliminary Injunction (ECF No. 17) remains in place.

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2.

Philadelphia Indemnity Insurance Company (“Philadelphia) will pay the undisputed

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amounts identified in the Joint Status Report (ECF No. 47) in exchange for appropriate releases from

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each claimant and is to coordinate with Five Star Restaurants, LLC, Westbury Manor Enterprises,

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Inc., Vincent Scotto, and Michelina Scotto (the “Indemnitors”) in so doing.

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3.

The Indemnitors are to replenish the collateral paid beginning with a deposit of

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$100,000.00 on or before December 31, 2017. The Court anticipates requiring another deposit in

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early 2018.
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A.M. to discuss additional deposits.

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The Parties will come before the Court for a status check on January 31, 2018 at 9:00

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The Parties are to continue to discuss whether they can stipulate to any alteration to

the total amount of collateral security required.

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Dated: October 2, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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Submitted by:
THE FAUX LAW GROUP

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BY:
KURT C. FAUX, ESQ.
JORDAN F. FAUX, ESQ.
1540 W. Warm Springs Rd., Ste. 100
Henderson, Nevada 89014
Attorneys for Philadelphia Indemnity Insurance Company

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THE FAUX LAW GROUP

1540 W. WARM SPRINGS ROAD, SUITE 100
HENDERSON, NEVADA 89014
TEL. [phone]

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Approved as to form and content:

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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By:

ADAM K. BULT, ESQ.
EMILY A. ELLIS, ESQ.
TRAVIS F. CHANCE, ESQ.
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Attorneys for Defendants Five Star Restaurants, LLC; Westbury Manor Enterprises, Inc.
Vincent Scotto; and Michelina Scotto

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