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 vs. REGARDING HEARING ON MOTION TO STAYANDTO MODIFY MOTION FOR PARIS LAS VEGAS OPERATING SUMMARY JUDGMENT SCHEDULE COMPANY, LLC, a Nevada limited liability company, (FOURTH 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 March 12, 2021, Plaintiff/Counterdefendants filed a Motion for Summary 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 claims and Paris' counterclaims. (ECF Nos. 270-271.)

7 3. Good cause exists to extend the briefing schedule on the motions for summary judgment. In the 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.

12 (ECF No. 303-1.)

13 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. Seibel and the TPOV Entitieshave 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, pending the outcome of their writ.

18 5. Without waiver of any arguments or rights, the Parties discussed whether the remaining briefing of the summary judgment motions in this matter should be stayed until either Seibel and the TPOV Entitiesproduce the documents ordered compelled by the State Court or until resolution of their anticipated writ.

22 6. While the Parties did not reach an agreement as to any potential stay, they agreed to present the issue to this Court for resolution and continue the deadlines to file responses to motions for summary judgment and replies thereto to allow this Court time to consider and rule upon a motion to stay to be filed by Paris.(ECF No. 298.)

26 7. On June 11, 2021, Paris filed its Motion to Stay Pending Production of Documents Pursuant to Crime-Fraud Exception (the "Motion to Stay"). (ECF No. 305.)

1 8. On June 25, 2021, Seibel and the TPOV Entities filed their Response to the Motion to Stay. (ECF No. 307.)

3 9. On July 2, 2021, Paris filed its Reply in Support of the Motion to Stay. (ECF No. 311.)

5 10. TheParties have agreed and respectfully request that, if the Court intends to entertain oral argument on the Motion to Stay, that the Court set a hearing on or before August 23, 2021, or as soon thereafter as this Court's schedule permits.

8 11. Additionally, the Parties have agreed to extend the deadline to respond to motions for summary judgment. This is the fourth request to modify the deadline to respond to motions for summary judgment.

11 12. On April 8, 2021, the Parties stipulated to extend the deadline to respond to the respective motions for summary judgment to April 30, 2021, and to extend the deadline to file reply briefs in support of their respective motions for summary judgment to May 21, 2021. (ECF No. 291.)

15 13. On April 9, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF No. 292.)

17 14. On April 29, 2021, the Parties stipulated to extend the deadline to respond to the respective motions for summary judgment to May 24, 2021, and to extend the deadline to file reply briefs in support of their respective motions for summary judgment to June 14, 2021. (ECF No. 293.)

21 15. On April 30, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF No. 294.)

23 16. On May 25, 2021, the Parties stipulated to extend the deadline to respond to the respective motions for summary judgment to July 28, 2021, and to extend the deadline to file reply briefs in support of their respective motions for summary judgment to August 18, 2021. (ECF No. 297.)

27 17. On May 28, 2021, this Court entered an Order granting the Parties' Stipulation. (ECF 1 18. Unless this Court orders otherwise (e.g., by granting the Motion to Stay), the Partie || have agreed that the deadline to file responses to motions for summary judgment shall be extende || from July 28, 2021, to September 10, 2021, and the deadline for filing reply briefs in support of th || motions for summary judgment shall be extended from September 24, 2021, to October 1, 2021.

5 19. This Stipulation and Order is made in good faith, with good cause, and not fe || purposes of unduly delaying trial.

7 || DATED this 27th day of July 2021. DATED this 27th day of July 2021.

8 || PISANELLI BICE PLLC BAILEY KENNEDY || By: __/s/ M. Magali Mercera By: __/s/ Paul C. Williams James J. Pisanelli, Esq., Bar No. 4027 John R. Bailey, Esq., Bar No. 0137 10 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 11 400 South 7" Street, Suite 300 Paul C. Williams, Esq., Bar No. 12524 2 Las Vegas, Nevada 89101 Stephanie J. Glantz, Esq., Bar No. 14878 12 8984 Spanish Ridge Avenue ES Attorneys for Paris Las Vegas Operating Las Vegas, NV 89148-1302 ane 13 || Company, LLC Attorneys for TPOV Enterprises 16, LLC, 5 14 TPOV Enterprises, LLC and Rowen Seibel EZ 15

De 16 S 17 ORDER 18 IT IS SO ORDERED.

19 NBA he yO. Atatlan VNITED STATES DISTRICT JUDGE 20 ly 28, 2021 patep: _ “uly 28, 20