WMCV Phase 3, LLC v. Yu Shan Co. U.S.A., Ltd.

Filing 47

ORDER. IT IS HEREBY ORDERED that the Parties shall submit the executed stipulation and proposed order dismissing this action for the Court's consideration on or before 9/17/2018. Signed by Magistrate Judge Cam Ferenbach on 7/20/2018. (Copies have been distributed pursuant to the NEF - ADR)

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MICHAEL B. LEE, ESQ.
Nevada Bar No. 10122
MICHAEL B. LEE, P.C.
1820 E. Sahara Avenue, Ste. 110
Las Vegas, Nevada 89104
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Defendant
IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
WMCV PHASE 3 SPE, LLC,
Plaintiff,

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LAS VEGAS, NEVADA 89104

TEL – [phone]; FAX – [phone]

JOINT STATUS REPORT, REQUEST
FOR STATUS CHECK, AND
ORDER SETTING STATUS CHECK

v.
YU SHAN CO. U.S.A., LTD.,
Defendant.

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MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

Case No: 2:17-cv-03053-GMN-VCF

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JOINT STATUS REPORT

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Plaintiff WMCV PHASE 3 SPE, LLC (“Plaintiff” or “WMCV”), appearing by and

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through its attorneys, GREENBERG TRAURIG, LLP, and Defendant YU SHAN CO U.S.A. LTD.

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(“Yu Shan” or “Defendant”), appearing by and through its attorney of record, MICHAEL B. LEE,

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PC, hereby submit their Joint Status Report.

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I.

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ANTICIPATED MOTIONS AND/OR OTHER MATTERS WHICH REQUIRE
THE ATTENTION OF THIS COURT.
Stipulation and Order to Dismiss Pursuant to Settlement Agreement
On or about January 31, 2017, Plaintiff filed this action in the United States District

Court, Eastern District of New York.

Pursuant to stipulation and order, the case was

subsequently transferred to this Honorable Court. As such, Plaintiff retained local counsel,
GREENBERG TRAURIG, LLP, who substituted into the case on or about January 17, 2018.
Similarly, Yu Shan retained local counsel, MICHAEL B. LEE, PC, who substituted into the case on
or about March 14, 2018. Since substituting into the case, both Plaintiff’s and Yu Shan’s
counsel worked diligently in attempting to settle Plaintiff’s claims against Yu Shan. Discovery
was propounded by Yu Shan to Plaintiff on or about April 9, 2018, which were responded to by
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Plaintiff on or about May 18, 2018.

Additionally, on or about May 24, 2018, Plaintiff

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propounded discovery requests to Yu Shan. However, Yu Shan is yet to provide responses, as

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Plaintiff gave Yu Shan an open extension to respond as they tried to work toward settlement of

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this matter.

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As of the filing of this Joint Status Report, the parties have tentatively resolved and

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settled this matter.. Plaintiff and Yu Shan have agreed to the material terms of the settlement

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agreement and are actively working on finalizing settlement documents.

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agreement is confidential, but Defendant Yu Shan agreed to provide a confession of judgment in

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the event of a breach of the settlement agreement. Plaintiff will hold the confession of judgment

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unless there is a breach, subject to the terms of the settlement agreement.

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II.

LAS VEGAS, NEVADA 89104

TEL – [phone]; FAX – [phone]

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MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

The settlement

STATEMENT BY COUNSEL OF ACTION REQUIRED TO BE TAKEN BY THIS
COURT.

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The Parties anticipate finalizing and executing the settlement documents, including a

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stipulation and proposed order to dismiss this action, in short order. The Parties mutually request

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a status check be set in 60 days. Before the expiration of 60 days, the Parties will either submit

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the executed stipulation and proposed order dismissing this action for the Court’s consideration,

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or submit a subsequent joint status report advising this Court of the status of the matter. .

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III.

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LIST OF ATTACHMENTS
None.

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DATED this 20 of July, 2018.

DATED this 20 of July, 2018.

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MICHAEL B. LEE, P.C.

GREENBERG TRAURIG, LLP

/s/ Michael Lee
MICHAEL B. LEE, ESQ. (NSB 10122)
1820 E. Sahara Ave. Ste. 110
Las Vegas, Nevada 89104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorney for Defendant
Yu Shan Co. U.S.A. LTD.

/s/ Alayne Opie
_
MARK E. FERRARIO, ESQ (NV Bar 1625)
ALAYNE M. OPIE (Nevada Bar 12623)
3773 Howard Hughes Pkwy., Suite 400 N
Las Vegas, Nevada 89169
Attorneys for Plaintiff
WMCV PHASE 3 SPE, LLC

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IT IS HEREBY ORDERED that the Parties shall submit the executed stipulation and

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proposed order dismissing this action for the Court’s consideration on or before September 17,

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2018. Alternatively, the Parties shall submit a subsequent status report on or before September
17, 2018.
Dated this 20th day of July, 2018.

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Cam Ferenbach
United States Magistrate Judge

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LAS VEGAS, NEVADA 89104

TEL – [phone]; FAX – [phone]

MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

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Respectfully submitted,
MICHAEL B. LEE, P.C.
/s/ Michael Lee
MICHAEL B. LEE, ESQ. (NSB 10122)
1820 E. Sahara Ave. Ste. 110
Las Vegas, Nevada 89104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorney for Defendant
Yu Shan Co. U.S.A. LTD.

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