TPOV Enterprises 16, LLC v. Paris Las Vegas Operating Company, LLC ( 2021 )

1 James J. Pisanelli, Esq., Bar No. 4027 JJP@pisanellibice.com 2 Debra L. Spinelli, Esq., Bar No. 9695 DLS@pisanellibice.com 3 M. Magali Mercera, Esq., Bar No. 11742 MMM@pisanellibice.com 4 PISANELLI BICE PLLC 400 South 7th Street, Suite 300 5 Las Vegas, Nevada 89101 Telephone: 702.214.2100 6 Attorneys for Paris Las Vegas 7 Operating Company, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 TPOV ENTERPRISES 16, LLC, a Delaware CASE NO. 2:17-cv-00346-JCM-VCF Limited Liability Company, 11 Plaintiff, STIPULATION AND ORDER TO EXTEND 12 vs. DEADLINES TO FILE RESPONSES TO MOTIONS FOR SUMMARY JUDGMENT 13 PARIS LAS VEGAS OPERATING AND REPLY BRIEFS IN SUPPORT OF COMPANY, LLC, a Nevada limited liability 14 company, THE SAME [ECF NOS. 269-72] AND SET BRIEFING SCHEDULE REGARDING 15 Defendant. FORTHCOMING MOTION TO STAY 16 PARIS LAS VEGAS OPERATING (THIRD REQUEST) COMPANY, LLC, a Nevada limited liability 17 company, 18 Counterclaimant. vs. 19 TPOV ENTERPRISES, LLC, a Delaware 20 Limited Liability Company, TPOV ENTERPRISES 16, LLC, a Delaware Limited 21 Liability Company, Rowen Siebel, an individual. 22 Counter-defendants. 23 24 25 Pursuant to LR IA 6-1, Plaintiff/Counterdefendant TPOV Enterprises 16, LLC ("TPOV 16"); 26 Counterdefendant TPOV Enterprises, LLC ("TPOV"); Counterdefendant Rowen Seibel ("Seibel") 27 (collectively, "Seibel and the TPOV Entities"); and Defendant/Counterclaimant Paris Las Vegas 1 Operating Company, LLC ("Paris") (collectively, the "Parties"), by and through their undersigned 2 counsel of record, stipulate and agree as follows: 3 1. On March 12, 2021, Plaintiff/Counterdefendants filed a Motion for Summary 4 Judgment on Paris' Counterclaims. (ECF Nos. 269, 272.) 5 2. On March 12, 2021, Paris filed a Motion for Summary Judgment on all of TPOV 16's 6 claims and Paris' counterclaims. (ECF Nos. 270-271.) 7 3. On April 8, 2021, the Parties stipulated to extend the deadline to respond to the 8 respective motions for summary judgment to April 30, 2021, and to extend the deadline to file reply 9 briefs in support of their respective motions for summary judgment to May 21, 2021. (ECF No. 10 291.) 11 4. On April 9, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF 12 No. 292.) 13 5. On April 29, 2021, the Parties stipulated to extend the deadline to respond to the 14 respective motions for summary judgment to May 24, 2021, and to extend the deadline to file reply 15 briefs in support of their respective motions for summary judgment to June 14, 2021. (ECF No. 16 293.) 17 6. On April 30, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF 18 No. 294.) 19 7. Good cause exists to extend the briefing schedules for the motions for summary 20 judgment. Recently, in the case Seibel v. PHWLV, LLC, Case No. A-17-751759-B (the "State Court 21 Matter"), currently pending before the Eighth Judicial District Court of the State of Nevada, County 22 of Clark ("State Court"), the State Court granted Paris and its affiliates' Motion to Compel 23 Documents Withheld on the Basis of the Attorney-Client Privilege Pursuant to the Crime-Fraud 24 Exception. The State Court has ordered Paris and its affiliates to prepare the Findings of Fact, 25 Conclusions of Law and Order. Paris has provided draft Findings of Fact, Conclusions of Law and 26 Order to Plaintiff/Counterdefendants and the Parties are in the process of reviewing and exchanging 27 revisions. The Parties anticipate that the State Court's Findings of Fact, Conclusions of Law and 1 Order Granting the Motion to Compel Documents Withheld on the Basis of the Attorney-Client 2 Privilege Pursuant to the Crime-Fraud Exception will be entered in short order. 3 8. Pursuant to an agreement between the Parties, discovery propounded in the State 4 Court Matter can be used in this matter and discovery propounded in this matter can be used in the 5 State Court Matter. Plaintiff/Counterdefendants have indicated they intend to seek review (through 6 a writ petition to the Nevada Supreme Court) of the State Court's ruling and a stay of enforcement 7 of the order, once entered in the State Court Matter, pending the outcome of their writ. Without 8 waiver of any arguments or rights by the Parties, the Parties have discussed whether the remaining 9 briefing of the summary judgment motions in this matter should be stayed until either 10 Plaintiff/Counterdefendants produce the documents ordered compelled by the State Court or until 11 resolution of their anticipated writ. 12 9. While the Parties have not reached an agreement as to any potential stay, they have 13 agreed to present the issue to this Court for resolution and continue the deadlines to file responses to 14 motions for summary judgment and replies thereto to allow this Court time to consider and rule upon 15 a forthcoming motion to stay to be filed by Paris. 16 10. Accordingly, the Parties have agreed as follows: 17 a. Paris shall file a motion to stay by or before June 4, 2021. 18 b. Plaintiff/Counterdefendants shall file their response to the forthcoming motion to 19 stay by or before June 18, 2021. 20 c. Paris shall file its reply by or before June 25, 2021. 21 d. The Parties respectfully request that the Court set a hearing on the forthcoming 22 motion to stay the first week of July 2021, or as soon thereafter as this Court's 23 schedule permits. 24 11. Unless this Court orders otherwise after ruling upon the forthcoming motion to stay, 25 the deadline to file responses to motions for summary judgment shall be extended from 26 May 24, 2021, to July 28, 2021. 27 1 12. Unless this Court orders otherwise after ruling upon the forthcoming motion to stay 2 || the deadline to file reply briefs in support of motions for summary judgment shall be extended fror 3 || June 14, 2021 to August 18, 2021. 4 13. This Stipulation and Order to extend deadlines to file dispositive motions is made 1 5 || good faith, with good cause, and not for purposes of unduly delaying trial. 6 || DATED this 24th day of May 2021. DATED this 24th day of May 2021. 7 || PISANELLI BICE PLLC BAILEY KENNEDY 8 || By: __/s/ M. Magali Mercera By: __/s/ Paul C. Williams James J. Pisanelli, Esq., Bar No. 4027 John R. Bailey, Esq., Bar No. 0137 9 Debra L. Spinelli, Esq., Bar No. 9695 Dennis L. Kennedy, Esq., Bar No. 1462 M. Magali Mercera, Esq., Bar No. 11742 Joshua P. Gilmore, Esq., Bar No. 11576 10 400 South 7" Street, Suite 300 Paul C. Williams, Esq., Bar No. 12524 Las Vegas, Nevada 89101 Stephanie J. Glantz, Esq., Bar No. 14878 11 8984 Spanish Ridge Avenue ° Attorneys for Paris Las Vegas Operating Las Vegas, NV 89148-1302 12 || Company, LLC A= Attorneys for TPOV Enterprises 16, LLC, ax 13 TPOV Enterprises, LLC and Rowen Seibel ao 14 15 = & 16 ORDER S 17 IT IS SO ORDERED. 1 8 a 2 □□□ ai al C AA 41 led AL UNITED)STATES DISTRICT JUDGE 19 DATED: May 28, 2021 20 21 22 23 24 25 26 27 28