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

1 || JOHN R. BAILEY Nevada Bar No. 0137 || DENNIS L. KENNEDY Nevada Bar No. 1462 || JOSHUA P. GILMORE Nevada Bar No. 11576 || PAUL C. WILLIAMS Nevada Bar No. 12524 || STEPHANIE J. GLANTZ Nevada Bar No. 14878 | BAILEY% KENNEDY 8984 Spanish Ridge Avenue || Las Vegas, Nevada 89148-1302 Telephone: 702.562.8820 || Facsimile: 702.562.8821 [email protected] | [email protected] [email protected] || [email protected] [email protected] Attorneys for Plaintiff/Counterdefendants | TPOV Enterprises, LLC, TPOV Enterprises 16, LLC, = and Rowen Seibel <3 13 28 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA | TPOV ENTERPRISES 16, LLC, a Delaware Case No. 2:17-cv-00346-JCM-VCF 4 limited liability company, Plaintiff, STIPULATION AND ORDER 17 Vs. EXTENDING DEADLINE FOR OBJECTION | PARIS LAS VEGAS OPERATING COMPANY, | TO REPORT AND RECOMMENDATION LLC, a Nevada limited liability company, AND ORDER [ECF No. 194] Defendant. (FIRST REQUEST) | PARIS LAS VEGAS OPERATING COMPANY, LLC, a Nevada limited liability company, Counterclaimant, 23 Vs. | TPOV ENTERPRISES, LLC, a Delaware limited liability company, TROV ENTERPRISES 16, || LLC, a Delaware limited liability company, ROWEN SEIBEL, an individual, Counterdefendants.

Page 1 of 3 1 Pursuant to LR JA 6-1, Plaintiff/Counterdefendant TPOV Enterprises 16, LLC (“TPOV | 16”); Counterdefendant TPOV Enterprises, LLC (“TPOV”); Counterdefendant Rowen Seibel | (“Seibel”); and Defendant/Counterclaimant Paris Las Vegas Operating Company, LLC (“Paris”) | (collectively, the “Parties”) stipulate and agree as follows: 5 1. On October 15, 2019, Paris filed a Motion for Terminating Sanctions, seeking case- | terminating sanctions against TPOV 16, TPOV, and Seibel. (ECF Nos. 152 and 153.)

7 2. On February 19, 2020, United States Magistrate Judge Cam Ferenbach entered a | Report and Recommendation and Order (the “Report and Recommendation”). (ECF No. 194.)

9 3. In the Report and Recommendation, the Magistrate Judge recommended that Paris’ | Motion for Terminating Sanctions be granted, in part; specifically, recommending that the Answer | filed by TPOV 16, TPOV, and Seibel (ECF No. 40) be stricken as to TPOV only (i.e., not as to = 12 | TPOV 16 and Seibel). (ECF No. 194, at 13:5-8.)

13 4. On March 2, 2020, TPOV 16, TPOV, and Seibel filed a motion seeking to replace 14 | their counsel with the law firm of Bailey**Kennedy. (ECF No. 195.) That afternoon, the Court | granted TPOV 16, TPOV, and Seibel’s application for Bailey**Kennedy to substitute in as their || counsel. (ECF No. 196.)

17 5. Currently, the deadline to file an objection to the Report and Recommendation is || tomorrow, March 4, 2020. See LR IB 3-2(a).

19 6. The deadline to file an objection to the Report and Recommendation shall be || extended by seven (7) days to March 11, 2020.

21 7. Good cause exists to extend the deadline to file an objection to the Report and || Recommendation to March 11, 2020. Recently engaged counsel for TPOV 16, TPOV, and Seibel || needs sufficient time to acclimate themselves with the matter (including the issues related to the || Motion for Terminating Sanctions) in order to submit an objection to the Report and || Recommendations, which, from their perspective, is particularly true given that the Magistrate || Judge’s recommended sanction is a case-terminating sanction as to TPOV.

Page 2 of 3 ] 8. This is the first request to extend time, is made in good faith, and will not impact any | other deadlines.

3 || Dated this 3 day of March, 2020. Dated this day of March, 2020.

4 | BAILEY “KENNEDY PISANELLI BICE PLLC | By: /s/ Paul C. Williams By:_/s/ M. Magali Mercera JOHN R. BAILEY JAMES J. PISANELLI 6 DENNIS L. KENNEDY DEBRA L. SPINELLI JOSHUA P. GILMORE M. MAGALI MERCERA 7 PAUL C. WILLIAMS BRITTNIE T. WATKINS STEPHANIE J. GLANTZ 400 South 7" Street, Suite 300 | Attorneys for Plaintiff/Counterdefendants Las Vegas, Nevada 89101 TPOV Enterprises, LLC, TPOV Enterprises [email protected] || 16, LLC, and Rowen Seibel DLK @pisanellibice.com @pisanellibice.com 10 [email protected] Attorneys for Defendant/Counterclaimant 1] Paris Las Vegas Operating Company, LLC = 12 13 IT IS SO ORDERED.

15 : gb (4a) 2. Atallan 16 UNITED’ STATES DISTRICT JUDGE 17 DATED: March 4, 2020 || Respectfully submitted by: | BAILEY “KENNEDY | By:/s/ Paul C. Williams JOHN R. BAILEY 22 DENNIS L. KENNEDY JOSHUA P. GILMORE 23 PAUL C. WILLIAMS STEPHANIE J. GLANTZ | Attorneys for Plaintiff/Counterdefendants TPOV Enterprises, LLC, TPOV Enterprises 16, LLC, | and Rowen Seibel Page 3 of 3