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

Filing 93

ORDER granting 92 Stipulation to Vacate Settlement Conference set for January 4, 2019 at 9:30 am. Signed by Magistrate Judge Peggy A. Leen on 12/27/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00871-APG-PAL Document 92 Filed 12/21/18 Page 1 of 3

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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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PHILADELPHIA INDEMNITY INSURANCE
COMPANY, a Pennsylvania Corporation;

THE FAUX LAW GROUP

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

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

Plaintiff,

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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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STIPULATION AND [PROPOSED]
ORDER VACATING SETTLEMENT
CONFERENCE

Defendants.

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Plaintiff, Philadelphia Indemnity Insurance Company (“Philadelphia”), by and through its
attorneys, The Faux Law Group, and Five Star Restaurants, LLC, Westbury Manor Enterprises,
Inc., Vincent Scotto, and Michelina Scotto (the “Indemnitors”), through its attorneys, Brownstein
Hyatt Farber Schreck, LLP, hereby stipulate and jointly request the following:
1) This matter is related to an underlying lawsuit called Five Star Restaurants, LLC v.
Thomas Contracting & Development LLC dba TCD Construction, et al., in the Eighth
Judicial District Court, Case No. A-16-747417-C (the “Underlying Action”).
2) The third parties in the Underlying Action consented to participate in the settlement
conference but were not available on the appointed day of January 4, 2019.

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Case 2:17-cv-00871-APG-PAL Document 92 Filed 12/21/18 Page 2 of 3

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3) Despite reasonable, good faith effort, the Parties were not able to find a date where all

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parties in this action, the Underlying Action, and the Court were all available for a

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settlement conference.

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4) Without the attendance of the parties in the Underlying Action, settlement will not be
possible.
5) Therefore, the Parties request that the Settlement Conference set for January 4, 2019 at
9:30 a.m. be vacated.

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THE FAUX LAW GROUP

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

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DATED this 21st day of December, 2018.

DATED this 21st day of December, 2018.

BROWNSTEIN
SCHRECK, LLP

THE FAUX LAW GROUP

HYATT

FARBER

By:
/s/ Travis F. Chance
ADAM K. BULT, ESQ., Bar No. 9332
[e-mail]
TRAVIS F. CHANCE, ESQ., Bar No. 13800
[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

IT IS SO ORDERED:

DATED this 26th day of December, 2018.

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UNITED STATES MAGISTRATE JUDGE

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Case 2:17-cv-00871-APG-PAL Document 92 Filed 12/21/18 Page 3 of 3

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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 21st day

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of December, 2018, I served a copy of the foregoing document, STIPULATION AND

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[PROPOSED] ORDER VACATING SETTLEMENT CONFERENCE by electronically filing in

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the CM/ECF system addressed to:

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Adam K. Bult, Esq.
Travis Chance, 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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