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

1 James J. Pisanelli, Esq., Bar No. 4027 [email protected] Debra L. Spinelli, Esq., Bar No. 9695 [email protected] M. Magali Mercera, Esq., Bar No. 11742 [email protected] PISANELLI BICE PLLC South 7th Street, Suite 300 Las Vegas, Nevada 89101 Telephone: 702.214.2100 Attorneys for Paris Las Vegas Operating Company, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA TPOV ENTERPRISES 16, LLC, a Delaware CASE NO. 2:17-cv-00346-JCM-VCF Limited Liability Company, Plaintiff, STIPULATION AND ORDER TO EXTEND vs. BRIEFING SCHEDULE REGARDING MOTION TO STAY PARIS LAS VEGAS OPERATING COMPANY, LLC, a Nevada limited liability company, (FIRST REQUEST) 15 Defendant.

16 PARIS LAS VEGAS OPERATING COMPANY, LLC, a Nevada limited liability company, 18 Counterclaimant. vs. TPOV ENTERPRISES, LLC, a Delaware Limited Liability Company,TPOV ENTERPRISES 16, LLC, a Delaware Limited Liability Company, Rowen Siebel, an individual.

Counter-defendants.

25 Pursuant to LR IA 6-1, Plaintiff/Counterdefendant TPOV Enterprises 16, LLC ("TPOV 16"); Counterdefendant TPOV Enterprises, LLC ("TPOV"); Counterdefendant Rowen Seibel ("Seibel") (collectively, "Seibel and the TPOV Entities"); and Defendant/Counterclaimant Paris Las Vegas Operating Company, LLC ("Paris") (collectively, the "Parties"), by and through their undersigned counsel of record,stipulate and agree as follows: 3 1. On May 25, 2021, the Parties stipulated to set a briefing schedule for a forthcoming motion to stay. (ECF No. 297.)

5 2. On May 28, 20201, this Court entered an Order granting the Parties' Stipulation.

6 (ECF No. 298.)

7 3. Good cause exists to extend the briefing schedule for the motion to stay. Inthe case Seibel v. PHWLV, LLC, Case No. A-17-751759-B (the "State Court Matter"), currently pending before the Eighth Judicial District Court of the State of Nevada, County of Clark ("State Court"), the State Court granted Paris and its affiliates' Motion to Compel Documents Withheld on the Basis of the Attorney-Client Privilege Pursuant to the Crime-Fraud Exception. The State Court ordered Paris and its affiliates to prepare the Findings of Fact, Conclusions of Law and Order. Despite meet and confer efforts, the Parties have been unable to agree on a joint order and are submitting competing findings of fact, conclusions of law, and ordersto the State Court.

15 4. Pursuant to an agreement between the Parties, discovery propounded in the State Court Matter can be used in this matter and discovery propounded in this matter can be used in the State Court Matter. Plaintiff/Counterdefendants have indicated they intend to seek review (through a writ petition to the Nevada Supreme Court) of the State Court's ruling and a stay of enforcement of the order, once entered in the State Court Matter, pending the outcome of their writ. Without waiver of any arguments or rights by the Parties, the Parties have discussed whether this matter should be stayed until either Plaintiff/Counterdefendants produce the documents ordered compelled bythe State Court or until resolution of theiranticipated writ.

23 5. While the Parties have not reached an agreement as to any potential stay, they have agreed to present the issue to this Court for resolution on a forthcoming motion to stayto be filed by Paris.

26 6. Previously the Parties agreed that Paris would have up to and including June 4, 2021 to file a motion for stay. TheParties have agreed to extend the briefing schedule for the forthcoming | || motion to stay one week to allow time for the State Court to enter its Findings of Fact, Conclusion || of Law and Order following the Parties' submission of competing orders.

3 7. Accordingly, the Parties have agreed as follows: 4 a. Paris shall file a motion to stay by or before June 11, 2021.

5 b. Plaintiff/Counterdefendants shall file their response to the forthcoming motion t 6 stay by or before June 25, 2021.

7 c. Paris shall file its reply by or before July 2, 2021.

8 8. This Stipulation and Order to extend the deadline to file the motion to stay is mad || in good faith, with good cause, and not for purposes of unduly delaying trial.

10 || DATED this 4th day of June 2021. DATED this 4th day of June 2021. || PISANELLI BICE PLLC BAILEY KENNEDY || By: __/s/ M. Magali Mercera By: __/s/ Paul C. Williams ES James J. Pisanelli, Esq., Bar No. 4027 John R. Bailey, Esq., Bar No. 0137 13 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 BS 14 400 South 7" Street, Suite 300 Paul C. Williams, Esq., Bar No. 12524 az Las Vegas, Nevada 89101 Stephanie J. Glantz, Esq., Bar No. 14878 eg 15 8984 Spanish Ridge Avenue ae Attorneys for Paris Las Vegas Operating Las Vegas, NV 89148-1302 2 16 || Company, LLC As Attorneys for TPOV Enterprises 16, LLC, S 17 TPOV Enterprises, LLC and Rowen Seibel 20 ORDER 21 IT IS SO ORDERED.

99 NBA Ae yo. Atala UNITED STATES DISTRICT JUDGE DATED: June 7, 2021