Hall CA-NV, LLC v. Ladera Development LLC

Filing 80

ORDER that Hall's Objection is sustained; the Magistrate Judge's Order entered November 30, 2018, (ECF No. 56 ) is vacated; this matter is remanded back to Magistrate Judge Carrey to schedule a hearing to permit Kolesar & Lea tham an opportunity to submit additional evidence in support of Halls Motion to Modify Subpoena Duces Tecum on Kolesar & Leatham, (ECF 40 ), and as it concerns Kolesar & Leatham's legal representation of Hall in what the parties have commonly r eferred to as the Hall Nevada Adversary and the Hall California Adversary and Ladera in what the parties have commonly referred to as the Ladera Adversary. Signed by Judge Robert C. Jones on 3/18/2019. (Copies have been distributed pursuant to the NEF - LH)

Case 3:18-cv-00124-RCJ-CBC Document 78 Filed 03/14/19 Page 1 of 3

1 DAVID C. MCELHINNEY
State Bar No. 33
2 KRISTEN L. MARTINI
State Bar No. 11272
3 LINDSEY HERZOG (AZ BAR NO. 032514)
(by pro hac vice)
4 LEWIS ROCA ROTHGERBER CHRISTIE LLP
One East Liberty Street, Suite 300
5 Reno, Nevada 89501-2128
Tel: [phone]
6 E-mail: [e-mail]
E-mail: [e-mail]
7
Attorneys for Defendant/Counterclaimant
8 Ladera Development, LLC
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

One East Liberty Street, Suite 300
Reno, Nevada 89501-2128

11
12

HALL CA-NV, LLC, a Texas limited
13 liability company,

CASE NO. 3:18-cv-00124-RCJ-CBC

Plaintiff,

14
15 v.

16 LADERA DEVELOPMENT, LLC, a Nevada
limited liability company,
17
Defendant.
18

[PROPOSED] ORDER VACATING
MAGISTRATE JUDGE’S ORDER [ECF
NO. 56] AND ALLOWING
PRESENTATION OF
ADDITIONAL EVIDENCE

19 LADERA DEVELOPMENT, LLC, a Nevada
limited liability company,
20
Counterclaimant,
21
v.
22
HALL CA-NV, LLC, a Texas limited
23 liability company,
24

Counterdefendant.

25
26

Before the Court is Plaintiff Hall CA-NV, LLC’s (“Hall”) Objection to Order Denying

27 Hall’s Motion to Modify Subpoena Duces Tecum on Kolesar & Leatham (ECF No. 58),
28 (“Objection”), and Defendant Ladera Development, LLC’s (“Ladera”) Limited Response to
107443420.1

Case 3:18-cv-00124-RCJ-CBC Document 78 Filed 03/14/19 Page 2 of 3

1 Hall’s Objection to Order Denying Hall’s Motion to Modify Subpoena Duces Tecum On
2 Kolesar & Leatham (ECF No. 69). Hall’s Objection asserts that Kolesar & Leatham was
3 deprived its due process rights to appear before the Court to contest the subject Subpoena
4 Duces Tecum, and provide evidence regarding the nature and scope of its representation of
5 Hall and Ladera, which Hall argues would have impacted the conclusions reached by the
6 Court.
7

Having considered the above referenced documents and oral argument,

8

IT IS ORDERED that Hall’s Objection is sustained;

9

IT IS FURTHER ORDERED that the Magistrate Judge’s Order entered November 30,

10 2018, (ECF No. 56) is vacated;

One East Liberty Street, Suite 300
Reno, Nevada 89501-2128

11

IT IS FURTHER ORDERED this matter is remanded back to Magistrate Judge Carrey

12 to schedule a hearing to permit Kolesar & Leatham an opportunity to submit additional
13 evidence in support of Hall’s Motion to Modify Subpoena Duces Tecum on Kolesar &
14 Leatham, (ECF 40), and as it concerns Kolesar & Leatham’s legal representation of Hall in
15 what the parties have commonly referred to as the Hall Nevada Adversary and the Hall
16 California Adversary and Ladera in what the parties have commonly referred to as the Ladera
17 Adversary.
18

DATED this 14th day of March, 2019.
18th day of March, 2019.

19
20

UNITED STATES DISTRICT JUDGE

21
22 Respectfully Submitted By:
23 LEWIS ROCA ROTHGERBER CHRISTIE LLP
24

25 By:/s/ David C. McElhinney
DAVID C. MCELHINNEY, SBN 33
26 KRISTEN L. MARTINI, SBN 11272
LINDSEY HERZOG, AZ SBN 032514
(by pro hac vice)
27
One East Liberty Street, Suite 300
28 Reno, Nevada 89501-2128
Attorneys for Defendant/Counterclaimant Ladera Development, LLC
107443420.1

2