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

Filing 77

ORDER that: The amount of $100,000.00 shall be immediately released to Philadelphia Indemnity Insurance from the Omni Abstract Corp. Escrow Account No. 020722184 ("Escrow Account"); The amount of $326,189.00 shall be immediately r eleased to Westbury Manor Enterprises, Inc. from the Escrow Account; The balance of $250,000.00 shall remain in the Escrow Account pending further order from this Court; The Parties shall continue to work together to agree upon the distribution of the remaining $250,000.00 in the Escrow Account; and In the absence of a mutual resolution, the Parties shall appear before the Court for a Status Check on May 16, 2018 at 9:00 a.m. to discuss additional distributions. Each side shall file a brief no longer than five pages proposing how the proceeds should be distributed and providing the basis for their respective proposals. The briefs shall be filed no later than 5:00 p.m. on Wednesday, May 9, 2018. Should an agreement be reached, the parties shall submit a stipulation and proposed order and the Court will vacate the May 16, 2018 Status Check. Signed by Judge Andrew P. Gordon on 3/14/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00871-APG-PAL Document 74 Filed 03/13/18 Page 1 of 2

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ADAM K. BULT, ESQ., Nevada Bar No. 9332
[e-mail]
EMILY A. ELLIS, ESQ., Nevada Bar No. 11956
[e-mail]
MACKENZIE WARREN, ESQ., Nevada Bar No. 14642
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Telephone: [phone]
Facsimile: 702.382.8135
Attorneys for Defendants Five Star Restaurants, LLC; Westbury
Manor Enterprises, Inc.; Vincent Scotto; and Michelina Scotto

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UNITED STATES DISTRICT COURT

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

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DISTRICT OF NEVADA

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PHILADELPHIA INDEMNITY
INSURANCE COMPANY, a Pennsylvania
Corporation;
Plaintiff,

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v.

CASE NO.: 2:17-cv-00871-APG-PAL

ORDER
[PROPOSED] ORDER

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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 on for hearing before the Court based upon the Order Setting Briefing

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Schedule on Distribution of Sale Proceeds (ECF No. 66).

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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1.

The amount of $100,000.00 shall be immediately released to Philadelphia

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Indemnity Insurance from the Omni Abstract Corp. Escrow Account No. 020722184 ("Escrow

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Account");
2.

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The amount of $326,189.00 shall be immediately released to Westbury Manor

Enterprises, Inc. from the Escrow Account.
16614567

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Case 2:17-cv-00871-APG-PAL Document 74 Filed 03/13/18 Page 2 of 2

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order from this Court;
4.

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The balance of $250,000.00 shall remain in the Escrow Account pending further

The Parties shall continue to work together to agree upon the distribution of the

remaining $250,000.00 in the Escrow Account; and
5.

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In the absence of a mutual resolution, the Parties shall appear before the Court for

a Status Check on May 16, 2018 at 9:00 a.m. to discuss additional distributions. Each side shall

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file a brief – no longer than five pages – proposing how the proceeds should be distributed and

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providing the basis for their respective proposals. The briefs shall be filed no later than 5:00 p.m.

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on Wednesday, May 9, 2018. Should an agreement be reached, the parties shall submit a

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

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stipulation and proposed order and the Court will vacate the May 16, 2018 Status Check.
Dated: March 14, 2018.
DATED:

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UNITED STATES DISTRICT COURT JUDGE
ANDREW P. GORDON

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Respectfully submitted by:

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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By:
/s/ Adam K. Bult
ADAM K. BULT, ESQ., Bar No. 9332
EMILY A. ELLIS, ESQ., Bar No. 11956
MACKENZIE WARREN, ESQ., Bar No. 14642
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614

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Attorneys for Defendants Five Star Restaurants, LLC;
Westbury Manor Enterprises, Inc.; Vincent Scotto;
and Michelina Scotto
Approved as to form and content:
THE FAUX LAW GROUP
By:
/s/ Kurt C. Faux
KURT C. FAUX, ESQ., Bar No. 3407
JORDAN F. FAUX, ESQ., Bar No. 12205
1540 W. Warm Springs Road, Suite 100
Henderson, NV 89014
Attorneys for Plaintiff
Philadelphia Indemnity Insurance Company
16614567

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