McNamara v. Patten et al

Filing 31

ORDER re 29 Joint Status Report. Discovery Plan/Scheduling Order due by 4/23/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/6/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-02968-JCM-NJK Document 29 Filed 04/05/18 Page 1 of 4

1 Logan Smith (Admitted Pro Hac Vice)
[e-mail]
2 Edward Chang (NV 11783)
[e-mail]
3 MCNAMARA SMITH LLP
655 West Broadway, Suite 1600
4 San Diego, California 92101
Tel.: [phone]
5 Fax: [phone]
6 Michael F. Lynch (NV 8555)
[e-mail]
7 LYNCH LAW PRACTICE, PLLC
3613 S. Eastern Ave.
8 Las Vegas, Nevada 89169
Tel.: [phone]
9 Fax: [phone]
10 Attorneys for Court-Appointed Monitor,
Thomas W. McNamara
11
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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14 THOMAS W. MCNAMARA, as the CourtAppointed Monitor for AMG Capital
15 Management, LLC; BA Services LLC; Black
Creek Capital Corporation; Broadmoor Capital
16 Partners, LLC; Park 269, LLC; C5 Capital
LLC; DF Services Corp.; DFTW Consolidated
17 [UC] LLC; Impact BP LLC; Level 5 Apparel
LLC; Level 5 Capital Partners LLC; Level 5
18 Eyewear LLC; Level 5 Motorsports, LLC;
Level 5 Scientific LLC; NM Service Corp.
19 (f/k/a/ National Money Service); PSB Services
LLC; Real Estate Capital LLC (f/k/a/ Rehab
20 Capital I, LLC); Sentient Technologies; ST
Capital LLC; Westfund LLC; Eclipse
21 Renewables Holdings LLC; Scott Tucker
Declaration of Trust, dated February 20, 2015;
22 West Race Cars, LLC; and Level 5
Management LLC; and their successors,
23 assigns, affiliates, and subsidiaries,
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v.

Plaintiff,

GARY PATTEN, an individual; PANO
26 ADVISORS, INC., a Nevada corporation;
DOES I-X; and ROE CORPORATIONS I-X,
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Defendants.
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Case No. 2:17-cv-02968-JCM-NJK
JOINT STATUS REPORT

Case 2:17-cv-02968-JCM-NJK Document 29 Filed 04/05/18 Page 2 of 4

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On April 3, 2018, the Court issued its Order requiring the parties “to file, no later than

2 April 10, 2018 either (1) a joint discovery plan; or (2) a status report explaining why a proposed
3 discovery plan should not be filed at this time.” (ECF No. 28.) Plaintiff Thomas W. McNamara
4 in his capacity as court-appointed Monitor (the “Monitor”) and Defendants Gary Patten
5 (“Patten”) and Pano Advisors, Inc. (“Pano”) (collectively, “Defendants” and together with
6 Monitor, the “Parties”), by and through their counsel of record, respectfully submit this Joint
7 Status Report and state as follows:
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On February 9, 2018, Defendants filed their Motion to Dismiss. (ECF No. 22.) The

9 Monitor filed his Opposition on March 16, 2018. (ECF No. 26.) Defendants’ Reply is due on
10 April 6, 2018. The Parties have been focused on the Motion to Dismiss and apologize to the
11 Court for their failure to submit a stipulated discovery plan in the interim.
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The parties respectfully request an extension of time, until April 23, 2018, to comply with

13 the Court’s April 3 Order. Defendants’ primary counsel, Christopher M. Ferguson, has a
14 previously scheduled and prepaid family vacation to France from April 6, 2018 to April 13,
15 2018. Additionally, the Monitor’s primary counsel, Logan D. Smith, is currently on a family
16 vacation in Hawaii from March 31, 2018 to April 7, 2018.
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Case 2:17-cv-02968-JCM-NJK Document 29 Filed 04/05/18 Page 3 of 4

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Defendants are also considering filing a motion to stay discovery while their Motion to

2 Dismiss is pending. In light of the foregoing, the Parties respectfully request the Court extend
3 the April 10, 2018 deadline to April 23, 2018 to allow the Parties to either file a stipulated
4 discovery plan or for the Defendants to file their motion to stay discovery, which the Monitor
5 will oppose.
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Dated: April 5, 2018

Dated: April 5, 2018

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MCNAMARA SMITH LLP

KOSTELANETZ & FINK, LLP

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/s/ Edward Chang
Edward Chang (NV 11783)
655 West Broadway, Suite 1600
San Diego, California 92101
Tel.: [phone]
Fax: [phone]

/s/ Christopher M. Ferguson
Christopher M. Ferguson
Kostelanetz & Fink, LLP
7 World Trade Center, 34th Floor
New York, New York 10007
Tel.: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Court-Appointed Monitor,
Thomas W. McNamara

Attorneys for Defendants Gary Patten and
Pano Advisors, Inc.

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17 IT IS SO ORDERED:
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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DATED: April 6, 2018

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