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

Filing 79

ORDER Granting 78 Stipulation to Withdraw without prejudice 52 Motion to Compel and vacate the hearing set for 4/3/2018 at 10:00 a.m. Signed by Magistrate Judge Peggy A. Leen on 4/2/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00871-APG-PAL Document 78 Filed 03/30/18 Page 1 of 4

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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 Plaintiff
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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THE FAUX LAW GROUP

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

Case No.: 2:17-cv-00871

PHILADELPHIA INDEMNITY INSURANCE
COMPANY, a Pennsylvania Corporation;
Plaintiff,

STIPULATION AND ORDER TO
WITHDRAW MOTION TO COMPEL

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vs.

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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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Plaintiff, Philadelphia Indemnity Insurance Company (“Philadelphia”), by and through its

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attorneys, The Faux Law Group, and Five Star Restaurants, LLC, Westbury Manor Enterprises,

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Inc., Vincent Scotto, and Michelina Scotto (the “Indemnitors”), through its attorneys, Brownstein

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Hyatt Farber Schreck, LLP, hereby stipulate to withdrawal of Philadelphia’s Motion to Compel set

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for hearing on April 3, 2018 at 10:00 A.M.

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STIPULATION
1) On December 13, 2017, Philadelphia filed its Motion to Compel and For Sanctions ECF No.
52.
2) The Parties extended the time for the Indemnitors to respond twice via Stipulateion and
Order.
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Case 2:17-cv-00871-APG-PAL Document 78 Filed 03/30/18 Page 2 of 4

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3) During that time, the Parties have worked diligently to resolve the discovery dispute. The

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Indemnitors provided additional Interrogatory Responses, Verifications, the Parties were

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working towards mutually agreeable deposition dates, and the Parties were working towards

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resolution of the fee issues.

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4) On January 31, 2018, the Indemnitors filed an Emergency Motion for Status Conference.

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5) On February 1, 2018, Judge Gordon held a Status Conference wherein he instructed, among

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other things, for $676,189.00 to be placed in escrow from a loan to be obtained by Westbury

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Manor Enterprises, Inc. (the “Loan”), for Philadelphia to file any UCC releases necessary for

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the Loan to close, and that the Parties would negotiate in good faith regarding the distribution

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of the escrow funds.

THE FAUX LAW GROUP

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

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6) The Loan was funded and Judge Gordon issued Order ECF No. 77 regarding distribution of

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the Loan funds.

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7) Given these further developments and in order to allow the parties to continue to work

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towards full resolution, the Parties agree that Philadelphia’s Motion to Compel should be

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withdrawn without prejudice and the hearing set for April 3, 2018 at 10:00 a.m. should be

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vacated.

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Case 2:17-cv-00871-APG-PAL Document 78 Filed 03/30/18 Page 3 of 4

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8) Both Parties reserve all rights and defenses.

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DATED this 30th day of March, 2018.

DATED this 30th day of March, 2018.

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BROWNSTEIN
SCHRECK, LLP

THE FAUX LAW GROUP

HYATT

FARBER

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

By:
/s/ Jordan F. Faux
KURT C. FAUX, ESQ., Bar No. 3407
[e-mail]
JORDAN F. FAUX, ESQ., Bar No. 12205
[e-mail]
1540 W. Warm Springs Road, Suite 100
Henderson, NV 89014

Attorneys for Defendants Five Star
Restaurants, LLC; Westbury Manor
Enterprises, Inc.; Vincent Scotto; and
Michelina Scotto

Attorneys for Plaintiff Philadelphia Indemnity
Insurance Company

THE FAUX LAW GROUP

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

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IT IS SO ORDERED:

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DATED this 2nd day of April, 2018.

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UNITED STATES MAGISTRATE JUDGE

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Case 2:17-cv-00871-APG-PAL Document 78 Filed 03/30/18 Page 4 of 4

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CERTIFICATE OF SERVICE

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The undersigned, an employee of The Faux Law Group, hereby certifies that on the 30th day

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of March, 2018, I served a copy of the foregoing document, STIPULATION AND ORDER TO

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WITHDRAW MOTION TO COMPEL by electronically filing in the CM/ECF system addressed

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to:

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Adam K. Bult, Esq.
Emily Ellis, Esq.
Brownstein Hyatt Farber Schreck, LLP
100 N. City Parkway, Suite 1600
Las Vegas, NV 89106
Attorney for Five-Star Restaurants, LLC,
Westbury Manor Enterprises, LLC, Vincent
Scotto, and Michelina Scotto

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THE FAUX LAW GROUP

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

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By:

/s/ Jordan F. Faux
An Employee of THE FAUX LAW GROUP

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