BGC Partners, Inc. et al v. Avison Young (Canada), Inc. et al
Plaintiff: BGC Partners, Inc., BGC Real Estate of Nevada and G&E Acquisition
Defendant: Avison Young (Canada), Inc., Avison Young (USA), Inc., Avison Young-Nevada, LLC, John Pinjuv, Joseph Kupiec, Mark Rose and Nevada Commercial Group
Case Number: 2:2015cv00531
Filed: March 23, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Richard F. Boulware
Referring Judge: George Foley
Nature of Suit: Contract: Other
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 13, 2020 Opinion or Order Filing 413 ORDER. IT IS ORDERED that 407 Defendants' Motion for Leave to File Exhibits Under Seal and Redact Portions of Opposition to Plaintiffs Motion to Compel is GRANTED in part and DENIED in part. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 10/13/2020. (Copies have been distributed pursuant to the NEF - JQC)
September 14, 2020 Opinion or Order Filing 402 ORDER Granting 298 Motion for Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 9/14/2020. (Copies have been distributed pursuant to the NEF - JQC)
September 4, 2020 Opinion or Order Filing 401 ORDER Granting 400 Stipulation for Extension of Time Re: 397 Motion to Compel. Responses due by 9/29/2020. Replies due by 10/9/2020. Signed by Magistrate Judge Elayna J. Youchah on 9/4/2020. (Copies have been distributed pursuant to the NEF - JQC)
June 9, 2020 Opinion or Order Filing 388 ORDER. IT IS ORDERED that 376 Plaintiffs' Motion for Leave to Redact and Seal Exhibits to, and Sections of, Plaintiffs' Motion to Compel Directed to the AY Defendants, the NCG Defendants, and the Third-Party Subpoena Recipients is GRANT ED as stated above. IT IS FURTHER ORDERED that all Exhibits and portions of Plaintiffs' Motion ordered unsealed shall remain temporarily sealed for fourteen (14) calendar days measured from the date of this Order. IT IS FURTHER ORDERED that if no request to reconsider is received within fourteen (14) days from the date of this Order, Plaintiffs shall refile its 374 Motion to Compel redacting only those portions of the Motion and Exhibits consistent with the above. Sealed and unredacted exhibits are already on file at ECF No. 375 and need not be refiled. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 6/9/2020. (Copies have been distributed pursuant to the NEF - JQC)
June 8, 2020 Opinion or Order Filing 387 ORDER. IT IS ORDERED that 381 Defendants' Motion for Leave to File Exhibit Under Seal and Redact Portions of Defendants' Supplemental Brief in Opposition to Plaintiffs' Motion for Protective Order is GRANTED. IT IS FURTHER ORDERED t hat Exhibit 1 to Defendants' Supplement Brief shall remain sealed. IT IS FURTHER ORDERED that 382 Defendants' Supplemental Brief, in its unredacted form, shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 6/8/2020. (Copies have been distributed pursuant to the NEF - JQC)
June 1, 2020 Opinion or Order Filing 378 ORDER Granting 377 Stipulation for Extension of Time. Motions due by 4/15/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/1/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 12, 2020 Opinion or Order Filing 368 ORDER. IT IS ORDERED that 362 the request in Plaintiffs' Response to 4/30/2020 Order Regarding Exhibit 9 To Plaintiffs' 298 Motion for Protective Order, is GRANTED. IT IS FURTHER ORDERED that the original Exhibit 9, submitted under se al in ECF No. 300 , shall be struck from the record. IT IS FURTHER ORDERED that Plaintiffs may file the proposed new Exhibit 9 in support of ECF No. 298 , with the proposed redaction, in the public record. Signed by Magistrate Judge Elayna J. Youchah on 5/12/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 11, 2020 Opinion or Order Filing 365 ORDER. IT IS ORDERED that 348 Defendants' Motion for Leave to File Exhibits Under Seal is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Exhibit 3 348 -1 shall remain sealed. IT IS FURTHER ORDERED that Exhibits 10, 12, and 13 contain no privileged or confidential information, and nothing the Court can discern that is potentially privileged or confidential. As such Exhibit 10, 12, and 13 (ECF Nos. 348-2, 348-3, and 348-4, respectively) are unsealed. Signed by Magistrate Judge Elayna J. Youchah on 5/11/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 7, 2020 Opinion or Order Filing 361 ORDER. IT IS ORDERED that 315 Defendants' redacted Opposition to Plaintiffs' Motion for Protective Order shall remain unsealed on the public docket. IT IS FURTHER ORDERED that 358 Defendants' unredacted Opposition to Plaintiffs Motion for Protective Order shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 5/7/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 5, 2020 Opinion or Order Filing 355 ORDER. IT IS ORDERED that 316 Defendants' Motion for Leave to File Exhibits Under Seal and Redact Portions of Opposition to Plaintiffs' Motion for Protective Order is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Exhibi t 2 shall remain sealed. IT IS FURTHER ORDERED that Exhibits 6, 7, 8, 9, and 10 shall remain temporarily sealed until such time as Plaintiffs' 298 Motion for Protective Order is decided. IT IS FURTHER ORDERED that Defendants' Motion to th e extent it seeks to maintain the redactions of portions of its Opposition to Plaintiffs Motion for Protective Order, this request is granted for a period of five Court days to allow Defendants time to file an unredacted version of its Opposition with the Court. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 5/5/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 30, 2020 Opinion or Order Filing 347 ORDER. IT IS ORDERED that 330 Plaintiffs' Motion to File Under Seal Exhibits to Reply in Support of Motion for Protective Order Regarding Defendants' 30(b)(6) Notice of Deposition is GRANTED in part and DENIED in part. IT IS FURTHER OR DERED that Group Exhibit 1 to Plaintiffs Reply shall remain sealed. IT IS FURTHER ORDERED that Exhibit 2 to Plaintiffs Reply shall remain temporarily sealed. IT IS FURTHER ORDERED that if any party to this dispute wishes to present additional informa tion to the Court seeking to justify sealing Exhibit 2 to Plaintiffs Reply 328 , such party must do so within ten (10) days of this Order. If no additional information is provided by the close of business on the tenth (10th) day following the date of this Order, Exhibit 2 to Plaintiffs' Reply 328 shall be refiled by Plaintiffs unsealed. Signed by Magistrate Judge Elayna J. Youchah on 4/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 29, 2020 Opinion or Order Filing 343 ORDER. IT IS ORDERED that 285 Plaintiffs' Motion for Leave to File Reply in Support of Motion to Compel Directed to Third Party Subpoena Recipients, and Certain Exhibits, Under Seal is DENIED except as stated below. IT IS FURTHER ORDERED tha t Exhibits 2, 3, and 4 shall remain temporarily sealed. IT IS FURTHER ORDERED that if any party wishes to present additional information to the Court justifying sealing Exhibits 2, 3, and 4, such party must do so within ten (10) days of this Order. If no additional information is provided by the close of business on the tenth (10th) day following the date of this Order, Exhibits 2, 3, and 4 shall be unsealed. IT IS FURTHER ORDERED that Plaintiffs' Reply in Support of Plaintiffs' Motion to Compel Directed to Third-Party Subpoena Recipients 283 shall be unsealed. Signed by Magistrate Judge Elayna J. Youchah on 4/29/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 30, 2020 Opinion or Order Filing 333 ORDER Granting 332 Motion for Leave to Participate by Cellular Phone. Signed by Magistrate Judge Elayna J. Youchah on 3/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 27, 2020 Opinion or Order Filing 331 ORDER. IT IS ORDERED that 325 Defendants' Renewed Motion for Leave to File Exhibit Under Seal is GRANTED. The document lodged under seal at ECF No. 324 shall be sealed. Signed by Magistrate Judge Elayna J. Youchah on 3/27/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 26, 2020 Opinion or Order Filing 323 ORDER Granting 319 Motion for Leave to Appear. Signed by Magistrate Judge Elayna J. Youchah on 3/26/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 25, 2020 Opinion or Order Filing 322 ORDER. IT IS ORDERED that 273 Plaintiffs Motion for Leave to File Reply In Support of Motion to Compel Directed to the NCG Defendants, and Certain Exhibits, Under Seal is GRANTED in part and DENIED in part. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 3/25/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 20, 2020 Opinion or Order Filing 314 ORDER. IT IS ORDERED that 258 Defendants' Motion for Leave to File Exhibits Under Seal is GRANTED and Exhibits 1, 2, and 13 to Defendants' Opposition to Plaintiffs' 256 Motion for Leave to Amend Third Amended Discovery Plan and Scheduling Order, shall remain sealed. IT IS FURTHER ORDERED that 265 Plaintiffs' Motion for Leave to File Reply in Support of Motion for Leave to Amend Third Amended Discovery Plan and Scheduling Order and Certain Exhibits Under Seal is GRAN TED and Exhibits 3 through 10, 23, and 24 to Plaintiffs' 255 Reply in Support of Motion for Leave to Amend Third Amended Discovery Plan and Scheduling Order, shall remain sealed. IT IS FURTHER ORDERED that the unredacted version of Plaintiffs' Reply in Support of Motion for Leave to Amend Third Amended Discovery Plan and Scheduling Order shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 3/20/2020. (Copies have been distributed pursuant to the NEF - JQC)
November 4, 2019 Opinion or Order Filing 251 ORDER Granting 250 Stipulation re Discovery Disclosure of Electronically Stored Information. Signed by Magistrate Judge Elayna J. Youchah on 11/4/2019. (Copies have been distributed pursuant to the NEF - JQC)
October 24, 2019 Opinion or Order Filing 249 ORDER Granting 248 Motion for Substitution of Counsel. Signed by Magistrate Judge Elayna J. Youchah on 10/24/2019. (Copies have been distributed pursuant to the NEF - JQC)
February 11, 2019 Opinion or Order Filing 229 ORDER that 221 Report and Recommendation is ACCEPTED and ADOPTED in full. FURTHER ORDERED that Plaintiffs' proposed claim for breach of fiduciary duty and aiding and abetting breach of fiduciary duty is DENIED, with prejudice, because P laintiffs waived those claims and is judicially estopped from alleging them in an amended complaint. The claims are also preempted to the extent they are based on the misappropriation of trade secrets. FURTHER ORDERED that Plaintiffs' prop osed claim for violation of the Nevada RICO statute is DENIED, with prejudice, to the extent that a state law RICO claim may not be predicated on the misappropriation of trade secrets. FURTHER ORDERED that Plaintiffs' proposed addition of Western Alliance Commercial Inc. (WCA) as an additional defendant to their proposed claim for tortious interference with contractual relations is DENIED, with prejudice, because a person cannot be liable for intentionally interfering with its own contract. Signed by Judge Richard F. Boulware, II on 2/11/2019. (Copies have been distributed pursuant to the NEF - MMM)
November 9, 2018 Opinion or Order Filing 212 ORDER that 182 Motion to Compel Amended Answer to Defendants' Interrogatory No. 3 and 183 Motion to Stay Discovery are granted in accordance with the foregoing provisions of this order. FURTHER ORDERED that Plaintiffs shall serve an amend ed answer to Interrogatory No. 3 within 30 days of the filing of this order, unless the time for response is further extended by stipulation of the parties or order of the Court. Signed by Magistrate Judge George Foley, Jr on 11/9/2018. (Copies have been distributed pursuant to the NEF - MMM)
September 24, 2018 Opinion or Order Filing 200 ORDER Granting 193 Stipulation to Extend Time Re: 182 Motion to Compel, 186 Motion for Leave to File Document. See Order for deadlines. Signed by Magistrate Judge George Foley, Jr on 9/24/2018. (Copies have been distributed pursuant to the NEF - ADR)
August 29, 2018 Opinion or Order Filing 181 ORDER granting 179 Motion to Remove Attorney Bryan Stephany from Electronic Service List. Signed by Magistrate Judge George Foley, Jr on 8/29/2018. (Copies have been distributed pursuant to the NEF - MMM)
August 1, 2018 Opinion or Order Filing 174 ORDER Granting 173 Stipulation to Extend Time Re: 172 Motion to Strike. Responses due by 8/21/2018. Replies due by 8/28/2018. Signed by Judge Richard F. Boulware, II on 8/1/2018. (Copies have been distributed pursuant to the NEF - ADR)
June 21, 2018 Opinion or Order Filing 168 ORDER re: 166 Second Amended Proposed Discovery Plan/Scheduling Order. Discovery due by 12/1/2019. Motions due by 2/1/2020. Proposed Joint Pretrial Order due by 3/1/2020. Signed by Magistrate Judge George Foley, Jr on 6/21/2018. (Copies have been distributed pursuant to the NEF - MMM)
June 20, 2018 Opinion or Order Filing 167 ORDER that 66 Motion to Dismiss is granted in part and denied in part as follows: Counts III, IV, and IX, for breach of contract against Defendant Nevada Group, breach of contract against Defendant Kupiec, and violation of the Nevada Trade Secrets Act against all Defendants, respectively, may proceed. All other claims are dismissed. Signed by Judge Richard F. Boulware, II on 6/19/2018. (Copies have been distributed pursuant to the NEF - MMM)
May 31, 2018 Opinion or Order Filing 158 ORDER granting 157 Stipulation to Extend Time to Respond/Reply re: 156 Motion for Leave to File Document. Responses due by 6/8/2018. Replies due by 6/18/2018. Signed by Judge Richard F. Boulware, II on 5/31/2018. (Copies have been distributed pursuant to the NEF - MMM)
April 18, 2018 Opinion or Order Filing 153 ORDER granting 152 Stipulation to Continue Hearing re: 123 Motion to Reconsider and 132 Motion to Substitute Party. Motion Hearing continued to 6/12/2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.. Signed by Magistrate Judge George Foley, Jr on 4/18/2018. (Copies have been distributed pursuant to the NEF - MMM)
March 28, 2018 Opinion or Order Filing 151 ORDER granting 149 Stipulation to Continue Hearing re: 123 Motion Regarding the Protective Order and Depositions and 132 Motion to Substitute Party. Motion Hearing continued to 5/1/2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.. Signed by Magistrate Judge George Foley, Jr on 3/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
March 19, 2018 Opinion or Order Filing 146 ORDER Granting 145 Motion to Remove Attorney from Electronic Service List. Attorney Rachel L. Wise terminated. Signed by Magistrate Judge George Foley, Jr on 3/19/2018. (Copies have been distributed pursuant to the NEF - ADR)
March 6, 2018 Opinion or Order Filing 134 ORDER Granting 133 Motion to Remove Attorney Andrew B. Clubok from Electronic Service List. Signed by Magistrate Judge George Foley, Jr on 3/6/2018. (Copies have been distributed pursuant to the NEF - MMM)
February 22, 2018 Opinion or Order Filing 131 ORDER. IT IS HEREBY ORDERED that 128 the parties' Stipulation Regarding Briefing Schedule is GRANTED as follows: 1. Defendants shall have until 3/14/2018 to file a response to Plaintiff's motion for reconsideration. 2. Plaintiffs shall have until 3/28/2018 to file a reply thereto. 3. The motion hearing is RESCHEDULED for Monday, 4/2/2018 at 9:30 a.m. in Las Vegas Courtroom 3A. Signed by Magistrate Judge George Foley, Jr on 2/22/2018. (Copies have been distributed pursuant to the NEF - MR)
February 8, 2018 Opinion or Order Filing 122 ORDER that 121 Motion to Remove Attorney Kristin Sheffield-Whitehead from Electronic Service List is granted. Signed by Magistrate Judge George Foley, Jr on 2/8/2018. (Copies have been distributed pursuant to the NEF - MMM)
August 31, 2017 Opinion or Order Filing 110 STIPULATED PROTECTIVE ORDER re 109 Stipulation (Revised Protective Order). Signed by Magistrate Judge George Foley, Jr on 8/31/17. (Copies have been distributed pursuant to the NEF - MMM)
August 28, 2017 Opinion or Order Filing 108 ORDER that 105 the parties' Stipulated Protective Order is denied, without prejudice. Signed by Magistrate Judge George Foley, Jr on 8/28/17. (Copies have been distributed pursuant to the NEF - MMM)
August 11, 2017 Opinion or Order Filing 104 ORDER that 88 Motion for Entry of a Protective Order is granted in accordance with the foregoing provisions of this order. The parties shall, within fourteen (14) days of the filing of this order, submit a revised stipulated protective order t hat complies with the provisions of this order governing use of confidential information produced in this action in the other pending cases between the same parties. Signed by Magistrate Judge George Foley, Jr on 8/11/17. (Copies have been distributed pursuant to the NEF - MMM)
July 7, 2017 Opinion or Order Filing 91 ORDER denying 87 Proposed Discovery Plan and Scheduling Order. Signed by Magistrate Judge George Foley, Jr on 7/7/2017. (Copies have been distributed pursuant to the NEF - JM)
March 20, 2017 Opinion or Order Filing 78 ORDER Granting 77 Motion to Substitute Attorney. Attorneys F. Thomas Hecht, Tina B. Solis, and Seth A. Horvath substituted in place and stead of Francis X. Riley, III, Robert C. Gill, II, and Ruth A. Rauls for BGC Partners Inc., G&E Acquisition Company LLC, and BGC Real Estate of Nevada LLC. Signed by Magistrate Judge George Foley, Jr on 3/20/17. (Copies have been distributed pursuant to the NEF - MMM)
August 8, 2016 Opinion or Order Filing 64 ORDER re 46 Motion for Enlargement of Time, or Alternatively, for Clarification of 3/31/2016 Ruling. Signed by Judge Richard F. Boulware, II on 8/8/2016. (Copies have been distributed pursuant to the NEF - TR)
July 7, 2016 Opinion or Order Filing 59 ORDER that 11 Plaintiffs' Motion to Remand is DENIED. Signed by Judge Richard F. Boulware, II on 7/7/16. (Copies have been distributed pursuant to the NEF - MMM)
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Search for this case: BGC Partners, Inc. et al v. Avison Young (Canada), Inc. et al
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Defendant: Avison Young (Canada), Inc.
Represented By: Robert S. Larsen
Represented By: Ashlie L. Surur
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Defendant: Avison Young (USA), Inc.
Represented By: Robert S. Larsen
Represented By: Ashlie L. Surur
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Defendant: Avison Young-Nevada, LLC
Represented By: Robert S. Larsen
Represented By: Ashlie L. Surur
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Defendant: John Pinjuv
Represented By: David A. Carroll
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Defendant: Joseph Kupiec
Represented By: Robert S. Larsen
Represented By: Ashlie L. Surur
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Defendant: Mark Rose
Represented By: Robert S. Larsen
Represented By: Ashlie L. Surur
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Defendant: Nevada Commercial Group
Represented By: David A. Carroll
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Plaintiff: BGC Partners, Inc.
Represented By: Todd L. Bice
Represented By: Jordan T. Smith
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Plaintiff: BGC Real Estate of Nevada
Represented By: Todd L. Bice
Represented By: Jordan T. Smith
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Plaintiff: G&E Acquisition
Represented By: Todd L. Bice
Represented By: Jordan T. Smith
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