Marina District Development Company, LLC v. AC Ocean Walk, LLC et al
| Marina District Development Company, LLC doing business as Borgata Hotel Casino & Spa |
| AC Ocean Walk, LLC doing business as Ocean Casino Resort, Kelly Ashman Burke and William Callahan |
| 2:2020cv01592 |
| August 27, 2020 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Brenda Weksler |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 108 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/25/2020. Due to a conflict in the Court's schedule, the hearing currently scheduled for 10/30/2020 on ECF No. 11 (Motion to Seal) is rescheduled to 11/5/2020 at 11:00 a.m. in LV Courtroom 3B before Magistrate Judge Brenda Weksler. The hearing will take place via Zoom videoconference. To receive a Zoom invitation, counsel must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - EG) |
| Filing 107 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/23/2020. Before the Court is an emergency motion to stay discovery. ECF No. 105. Currently, defendant's response to plaintiff's discovery is due 11/19/2020. IT IS ORDERED that a response to the emergency motion is due 11/2/2020; a reply is due 11/5/2020; and a hearing is set for 11/12/2020 at 2:00 PM in LV courtroom 3B by videoconference. To receive a Zoom invitation counsel must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - EG) |
| Filing 106 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 10/22/2020. Pending before the Court is Defendant AC Ocean Walk, LLC's ("Ocean's") #102 Emergency Motion to Stay Case. Ocean seeks an emergency stay of discovery because of the Court's probable lack of jurisdiction over Ocean and the alleged inefficiency that will result if discovery simultaneously proceeds in this case and in Burke and Callahan's arbitration. (See Mot. Stay 3:5-10, 4:12-7:20, 10:2-11:3). The Motion also requests a stay of the case pending arbitration, arguing that a stay is mandatory under the Federal Arbitration Act, Nevada law, and New Jersey law. (Id. 7:21-10:1). Given the two separate requests for relief, the Clerk's Office has docketed Ocean's Motion as two separate Motions. (See Emergency Mot. Stay Disc., ECF No. #105 ). The Emergency Motion to Stay Discovery is now before Judge Weksler. Accordingly, IT IS HEREBY ORDERED that Plaintiff will file separate Responses to the Emergency Motion to Stay Case and the Emergency Motion to Stay Discovery. (Copies have been distributed pursuant to the NEF - DZ) |
| Filing 105 EMERGENCY MOTION to Stay Discovery by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration) (HAM) |
| Filing 104 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Charles S. Marion to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 11/5/2020. (no image attached) (SLD) |
| Filing 103 Proposed Discovery Plan and Scheduling Order by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) |
| Filing 102 Emergency MOTION to Stay Case by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration of Leigh Ann Buziak) (Kleiman, Kerry) |
| Filing 101 NOTICE of Corrected Image/Document re #100 Response, by Plaintiff Marina District Development Company, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit Engagement Letter, #2 Exhibit Expert Report of Dennis L. Kennedy, #3 Exhibit Trimmer Declaration, #4 Exhibit Minnie Fu Declaration) (Trimmer, Paul) |
| Filing 100 VIEW Corrected Image #101 re: RESPONSE to #84 Motion, by Plaintiff Marina District Development Company, LLC. Replies due by 10/27/2020. (Attachments: #1 Exhibit Engagement Letter, #2 Affidavit Expert Affidavit of Dennis L. Kennedy, #3 Declaration Declaration of Paul Trimmer, #4 Declaration Declaration of Minnie Fu) (Trimmer, Paul) Modified on 10/21/2020 (SLD). |
| Filing 99 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel John M. Nolan, III to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition was due by 9/11/2020. (no image attached) (MMM) |
| Filing 98 CLERK'S NOTICE of violation of Local Rules. ECF No. #97 was not filed pursuant to LR IA 10-3(d). An index of exhibits was not provided.Attorney Kerry Kleiman is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM) |
| Filing 97 RESPONSE to #82 Motion, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Replies due by 10/26/2020. (Attachments: #1 Declaration of Prof. Burk, #2 Declaration of Leigh Ann Buziak, #3 Declaration of James Maggs) (Kleiman, Kerry) |
| Filing 96 TRANSCRIPT of Proceedings, #91 Motion Hearing, Day 2, Volume II, held on 10/13/2020, before Judge Gloria M. Navarro. Court (Reporter) Transcriber: Amber McClane, AM@nvd.uscourts.gov. Any Redaction Request is due by 11/5/2020. Redacted Transcript Deadline is set for 11/15/2020. Release of the Transcript Restriction is set for 1/13/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order Form is available on the court website. After that date, the transcript may be obtained through the court reporter or PACER. (AMM) |
| Filing 95 TRANSCRIPT of Proceedings, #91 Order on Motion to Seal,,,,,,,,,, Order on Motion for Preliminary Injunction,,,,, Motion Hearing, Day 2, Volume I,,, held on 10/13/2020, before Judge Gloria M. Navarro. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 11/5/2020. Redacted Transcript Deadline is set for 11/15/2020. Release of the Transcript Restriction is set for 1/13/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the Transcriber. Transcript Order form is available on court website. After that date it may be obtained through the Transcriber or PACER (HKN). |
| Filing 94 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/13/2020. In light of Judge Navarro's order granting the Motion to Compel Arbitration and Stay Proceedings (ECF No. 85), the Court orders the parties to show cause, in writing, how this Court does or does not have jurisdiction to decide Plaintiff's motion for sanctions (ECF No. 82) and Defendant's motion for disqualification (ECF No. 84). The parties' briefs are due by November 6, 2020 and shall not exceed 12 pages. (no image attached) (Copies have been distributed pursuant to the NEF - EG) |
| Filing 93 EXHIBIT LIST from 10/7/2020 and 10/13/2020 Motion Hearings before Judge Gloria M. Navarro. (ASB) |
| Filing 92 WITNESS LIST from 10/7/2020 and 10/13/2020 Motion Hearings before Judge Gloria M. Navarro. (ASB) |
| Filing 91 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/13/2020 before Judge Gloria M. Navarro. Crtrm Administrator: Aaron S Blazevich; Pla Counsel: Paul Trimmer, Joshua Sliker, and Ashley Eddy (Client Representative), via Zoom videconference; Def Counsel: I. Scott Bogatz, Kerry Kleiman, Leigh Ann Buziak, Joseph Muskett, James Maggs, and Defendants Bill Callahan and Kelly Burke, via Zoom videoconference; Time of Hearing: 12:14 p.m. - 3:34 p.m.; Electronic Court Recorder Operator: Araceli Bareng; Courtroom: 7D; The parties are all present via Zoom videoconference. The Court makes preliminary statements and hears representations from counsel. Plaintiff's Witness: Hugh Turner, Jr. Exhibits admitted. The Court GRANTS IN PART AND DENIES IN PART the #9 Motion for Preliminary Injunction. The Court GRANTS the #88 and 90 MOTIONS to Seal. Plaintiff is ordered to pay a $50,000.00 bond. The parties shall file a Joint Status Report starting on 12/14/2020 and every 60 days thereafter. The case is stayed. (See PDF for details.)(no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 88 MOTION to Seal by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
| Filing 87 SUPPLEMENT to #9 Motion for Preliminary Injunction, #2 Motion for TRO, by Plaintiff Marina District Development Company, LLC (Sliker, Joshua) Modified on 10/13/2020 (SLD). |
| Filing 86 TRANSCRIPT of Proceedings, #85 , Motion Hearing, held on 10/07/2020, before Judge Gloria M. Navarro. Court Reporter/Transcriber: Shayna Montgomery, SM@nvd.uscourts.gov. Recording start and end times: 2:13 p.m. - 4:57 p.m. Any Redaction Request is due by 10/30/2020. Redacted Transcript Deadline is set for 11/9/2020. Release of the Transcript Restriction is set for 1/7/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM) |
| Filing 85 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/7/2020 before Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Paul Trimmer, Joshua Sliker, and Ashley Eddy (Client Representative), via Zoom videconference; Def Counsel: I. Scott Bogatz, Kerry Kleiman, Leigh Ann Buziak, Joseph Muskett, James Maggs, and Defendants Bill Callahan and Kelly Burke, via Zoom videoconference; Time of Hearing: 2:13 p.m. - 4:57 p.m.; Electronic Court Recorder Operator: Araceli Bareng; Courtroom: 7D; ORDER granting #17 Motion; RE: #9 MOTION for Preliminary Injunction by Plaintiff Marina District Development Company, LLC. Motion Hearing set for 10/13/2020 at 12:00 PM in LV Courtroom 7D by videoconference before Judge Gloria M. Navarro. The parties are all present via Zoom videoconference. The Court admonishes the parties and public regarding audio and video proceedings. The Court makes preliminary statements and hears representations from counsel. Mr. Trimmer makes opening statements on behalf of the Plaintiff. Plaintiff's Witness: Hugh Turner, Jr. Exhibits admitted. Ms. Buziak makes opening statements on behalf of the Defendants. The Temporary Restraining Order is extended until 5:00 p.m. on October 13, 2020, to allow the Court to conclude this hearing. The Court GRANTS the Motion to Compel Arbitration and Stay Proceedings, (ECF No. 17). Once the Curt rules on the Motion for Preliminary Injunction, (ECF No. 9), the parties shall file a Joint Status Report every 60 days. The Court will allow the parties the file supplemental briefs (of no more than 10 pages) regarding the information discovered during the recent depositions. The briefs are due no later than 12:00 p.m. on Sunday, October 11, 2020. Motion Hearing continued to Tuesday, October 13, 2018, at 12:00 p.m. in Courtroom 7D via Zoom videconference before Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 84 MOTION to Disqualify Jackson Lewis P.C. as Counsel for Plaintiff by Defendant AC Ocean Walk, LLC. Responses due by 10/20/2020. (Attachments: #1 Declaration Declaration of Julie Stumpe Dressing in Support of Blank Rome LLP's Motion to Disqualify Jackson Lewis P.C. as Counsel for Plaintiff) (Kleiman, Kerry) |
| Filing 83 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/6/2020. The Court reviewed Plaintiff's second emergency motion for sanctions (ECF No. 82). Under LR 7-4(c), the "court may determine whether any matter submitted as an 'emergency' is, in fact, an emergency." "A party or attorney's failure to effectively manage deadlines, discovery, trial, or any other aspect of litigation does not constitute an emergency." LR 7-4(b). Here, Plaintiff appears to file its motion as an "emergency motion" because, among other requests for relief, Plaintiff seeks to strike a declaration from Defendants' opposition to Plaintiff's motion for a preliminary injunction. Id. at 1-2. Plaintiff's motion for a preliminary injunction is set to be heard tomorrow. ECF No. 59. The Court will not decide Plaintiff's second motion for sanctions on an emergency basis. Plaintiff has known about the conduct at issue for two weeks. Plaintiff filed a first motion for sanctions based on some of the same conduct raised in the second emergency motion for sanctions. ECF Nos. 48, 49. Then, at oral argument and in a supplemental brief, Plaintiff added facts about additional conduct it believes merits sanctions. However, the Court declined to consider the additional conduct without full briefing. ECF No. 79. And the Court denied Plaintiff's first motion for sanctions based on Plaintiff's failure to carry its burden. Id. Accordingly, Plaintiff's second emergency motion does not stem from a true emergency but rather reflects a failure to effectively manage deadlines and other aspects of litigation. See LR 7-4(b). Furthermore, the Court cannot reasonably be expected to order responsive briefing and decide Plaintiff's second emergency motion for sanctions in less than 48 hours, given the factual and legal issues presented and the severe sanctions sought (including disqualification of defense counsel). The Court will decide Plaintiff's second emergency motion for sanctions in the ordinary course. (no image attached) (Copies have been distributed pursuant to the NEF - EG) |
| Filing 82 Second Emergency Motion for Sanctions re #40 Response, by Plaintiff Marina District Development Company, LLC. Responses due by 10/19/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Trimmer, Paul) |
| Filing 81 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 10/5/2020 Setting Video Hearing. By Deputy Clerk: Aaron S Blazevich. (Copies have been distributed pursuant to the NEF - ASB) |
Filing 80
ORDER denying #32 Motion to Extend Time; ORDER denying #33 Motion to Extend Time; ORDER denying #34 Motion to Continue; PROTECTIVE ORDER. ORDER denying #35 Stipulated Protective Order; ORDER granting in part and denying in part #43 Motion to Compel; ORDER granting in part and denying in part #44 Motion for Sanctions; Signed by Judge Gloria M. Navarro on 10/1/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 79
ORDER denying #48 Motion for Sanctions; ORDER denying #49 Motion to Strike; ORDER denying as moot #72 Motion to Strike. Signed by Magistrate Judge Brenda Weksler on 9/30/2020. (Copies have been distributed pursuant to the NEF - JM) Modified text on 10/1/2020 (SLD).
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| Filing 78 REPLY to #62 Response by Defendants Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
| Filing 77 REPLY to Response to #18 Motion to Dismiss,, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
| Filing 76 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/28/2020. Before the Court is defendants' motion #46 for leave to file supplemental supporting declarations. The Court has considered plaintiff's response at #75 . The Court finds that defendants have established good cause under LR 7-2(g) and the motion is therefore GRANTED. However, given the privacy concerns raised by plaintiff in its response, IT IS ORDERED that the declarations at #46 shall temporarily remain under seal pending a motion to seal by either party. IT IS ORDERED that a motion to seal #46 is due by 10/16/2020, and any response thereto is due by 10/23/2020; no reply is allowed. If the Court does not receive a motion to seal #46 by 10/16/2020, then the Court shall direct the Clerk of Court to unseal #46 . (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 75 RESPONSE to #46 Motion for Leave to File Document by Plaintiff Marina District Development Company, LLC. Replies due by 10/2/2020. (Trimmer, Paul) |
| Filing 74 RESPONSE to #72 Motion to Strike by Plaintiff Marina District Development Company, LLC. Replies due by 10/2/2020. (Trimmer, Paul) |
| Filing 73 RESPONSE to #71 Notice of Corrected Image/Document, re #69 Supplement, 66 Minute Order by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Attachments: #1 Declaration of Leigh Ann Buziak) (Kleiman, Kerry) Modified on 9/25/2020 to add link (DKJ). |
| Filing 72 MOTION to Strike #70 Notice of Corrected Image/Document, #71 Notice of Corrected Image/Document, #69 Supplement, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Responses due by 10/8/2020. (Kleiman, Kerry) |
| Filing 71 NOTICE of Corrected Image/Document re #70 Notice of Corrected Image/Document, #69 Supplement, by Plaintiff Marina District Development Company, LLC. (Service of corrected image is attached.) (Attachments: #1 Supplement Corrected Document, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Sliker, Joshua) |
| Filing 70 NOTICE of Corrected Image/Document re #69 Supplement by Plaintiff Marina District Development Company, LLC. (Service of corrected image is attached.) (Attachments: #1 Supplement Corrected Document, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Sliker, Joshua) |
| Filing 69 VIEW #71 corrected image re SUPPLEMENT to #48 Motion for Sanctions, #49 Motion to Strike by Plaintiff Marina District Development Company, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sliker, Joshua) |
| Filing 68 REPLY to Response to #11 Motion to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 67 TRANSCRIPT of Proceedings, 64 Motion Hearing,,,, held on 09/21/2020, before Magistrate Judge Brenda Weksler. Transcriber: Heather Newman, HN@nvd.uscourts.gov. Any Redaction Request is due by 10/14/2020. Redacted Transcript Deadline is set for 10/24/2020. Release of the Transcript Restriction is set for 12/22/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the Transcriber. Transcript Order form is available on court website. After that date it may be obtained through the Transcriber or PACER. (HKN) |
| Filing 66 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/22/2020. On 9/21/2020 this Court heard oral argument from the parties on plaintiff's motion for sanctions and motion to strike. ECF Nos. #48 & #49 . The Court advised the parties that it would take the motions under submission. A central issue raised by the motions is whether Mr. Lyons is a "party" under Nevada Rule of Prof. Conduct 4.2. The Nevada Supreme Court has held that "[t]he best interpretation of 'party' in litigation involving corporations is only those employees who have the legal authority to 'bind' the corporation in a legal evidentiary sense, i.e., those employees who have 'speaking authority' for the corporation." Palmer v. Pioneer Assocs., Ltd., 59 P.3d 1237, 1248 (Nev. 2002) (citation omitted). The Palmer court further explained that "[e]mployees should be considered 'parties' for the purposes of the disciplinary rule if, under applicable [state] law, they have managing authority sufficient to give them the right to speak for, and bind the corporation." Id. (emphasis added). The Court requires supplemental briefing on this issue. IT IS THEREFORE ORDERED that plaintiff has until September 23, 2020, to submit supplemental briefing--not to exceed 10 pages, exclusive of any supporting declarations--addressing what provision of state law it believes vests Mr. Lyons with the ability to bind plaintiff in a legal evidentiary sense. Responses are due by September 24, 2020, and are also limited to 10 pages exclusive of any supporting declarations. No replies are allowed. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 65 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/22/2020. Regarding #46 Motion for Leave to File Document: Responses due by 9/25/2020; no reply allowed. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 64 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/21/2020 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Paul Trimmer, Esq., Joshua Sliker, Esq.; Def Counsel: I. Scott Bogatz, Esq., Kerry kleinman, Esq., Leigh Ann Buziak, Esq., Jeremy Kolman, Esq., Michael Stoolman, Esq., Charles Marion, Esq.; Time of Hearing: 3:00pm; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 3:01:38 - 3:42:31; Courtroom: 3B; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. The Court scheduled these proceedings regarding Plaintiff's Emergency Motion for Sanctions #48 . The Court presents Counsel with it's initial inclinations and hears their respective arguments. The Court will take this matter under submission. The Court hears the positions of Counsel as to whether they would be prepared for any potential evidentiary proceedings prior to proceedings before the District Judge. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 63 RESPONSE to #18 Motion to Dismiss,, by Plaintiff Marina District Development Company, LLC. Replies due by 9/28/2020. (Sliker, Joshua) |
| Filing 62 RESPONSE to #17 Motion by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) |
| Filing 61 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/21/2020. The Court's minute order at ECF No. 60 was entered in error. IT IS THEREFORE ORDERED that ECF No. 60 is VACATED and the Clerk of Court is directed to strike it from the record. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 59 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/21/2020. Pending before the Court are the parties' Responses, (ECF Nos. #55 , #58 ), to the Court's #45 Order to Show Cause. The parties agree that the Temporary Restraining Order should be extended for at least seven (7) days and the Preliminary Injunction Hearing continued. (See Pl.'s Resp. OSC 4:19-21, ECF No. #55 ); (Defs.' Resp. OSC 2:8-10, ECF No. #58 ). For good cause shown, IT IS HEREBY ORDERED that the Court EXTENDS the Temporary Restraining Order for fourteen (14) days, to expire following October 9, 2020. IT IS FURTHER ORDERED that the Court CONTINUES the Preliminary Injunction Hearing from September 23, 2020, at 1:00 p.m., to October 7, 2020, at 2 p.m., in Las Vegas Courtroom 7D before the Honorable Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - DZ) |
| Filing 58 RESPONSE to #45 Order to Show Cause by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
| Filing 57 RESPONSE to #48 Motion for Sanctions, #49 Motion to Strike by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Replies due by 9/28/2020. (Kleiman, Kerry) |
| Filing 56 REPLY to Response to #9 Motion for Preliminary Injunction, by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) |
| Filing 55 RESPONSE to #45 Order to Show Cause by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) |
| Filing 54 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/18/2020. The Court anticipates having limited access to the CM/ECF system this upcoming weekend. In order to ensure that the Court is sufficiently prepared for the emergency hearing on 9/21/2020, IT IS ORDERED that the response to ECF Nos. #48 and #49 --which is due today, pursuant to ECF No. 50 --must also be served upon judicial clerk David Chavez at david_chavez@nvd.uscourts.gov. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 53 REPLY to Response to #32 Motion to Extend/Shorten Time, #34 Motion to Continue Hearing, #35 Stipulated Protective Order, #33 Motion to Extend/Shorten Time, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
| Filing 52 RESPONSE to #43 Motion to Compel, #44 Motion for Sanctions, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Replies due by 9/24/2020. (Attachments: #1 Declaration of Leigh Ann Buziak, #2 Declaration of I. Scott Bogatz) (Kleiman, Kerry) |
| Filing 51 RESPONSE to #11 Motion to Seal by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Replies due by 9/24/2020. (Kleiman, Kerry) |
| Filing 50 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/17/2020. Regarding #48 Motion for Sanctions, #49 Motion to Strike: Responses due by 9/18/2020; no replies allowed; Motion Hearing set for 9/21/2020 at 03:00 PM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. Counsel may appear in person or by Zoom videoconference. IT IS ORDERED that counsel must contact the Court's courtroom administrator, Jeff Miller, at jeff_miller@nvd.uscourts.gov, no later than 9/21/2020 at 9:00 AM to inform the Court of whether counsel will attend in person or via Zoom. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 49 Emergency MOTION to Strike #40 Response, by Plaintiff Marina District Development Company, LLC. Responses due by 9/30/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sliker, Joshua) |
| Filing 48 Emergency MOTION for Sanctions re #40 Response, by Plaintiff Marina District Development Company, LLC. Responses due by 9/30/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sliker, Joshua) |
| Filing 47 RESPONSE to #32 Motion to Extend/Shorten Time, #34 Motion to Continue Hearing, #35 Stipulated Protective Order, #33 Motion to Extend/Shorten Time, by Plaintiff Marina District Development Company, LLC. Replies due by 9/23/2020. (Sliker, Joshua) |
| Filing 46 MOTION for Leave to File Supplemental Supporting Declarations re #40 Response, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) |
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Filing 45
ORDER Re: #43 Motion to Compel, #44 Motion for Sanctions. Responses due by 9/17/2020. Replies due by 9/18/2020. ORDER TO SHOW CAUSE. Show Cause Response due by 9/18/2020. Signed by Judge Gloria M. Navarro on 9/16/2020. (Copies have been distributed pursuant to the NEF - JM)
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| Filing 44 Emergency MOTION for Sanctions re #43 Motion to Compel, by Plaintiff Marina District Development Company, LLC. Responses due by 9/30/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Sliker, Joshua) |
| Filing 43 Emergency MOTION to Compel Depositions of Callahan and Burke by Plaintiff Marina District Development Company, LLC. Responses due by 9/30/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Sliker, Joshua) |
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Filing 42
ORDER granting #38 Verified Petition for Permission for Jeremy Kolman to Practice Pro Hac Vice and approving Designation of Local Counsel I. Scott Bogatz. Signed by Judge Gloria M. Navarro on 9/15/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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Filing 41
ORDER granting #39 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael Aaron Stoolman for AC Ocean Walk, LLC and approving Designation of Local Counsel I. Scott Bogatz. Signed by Judge Gloria M. Navarro on 9/15/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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| Filing 40 RESPONSE to #9 Motion for Preliminary Injunction, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Replies due by 9/22/2020. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration) (Kleiman, Kerry) |
| Filing 39 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael Stoolman and DESIGNATION of Local Counsel I. Scott Bogatz (Filing fee $ 250 receipt number 0978-6170921) by Defendant AC Ocean Walk, LLC. (Kleiman, Kerry) |
| Filing 38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeremy Kolman and DESIGNATION of Local Counsel I. Scott Bogatz (Filing fee $ 250 receipt number 0978-6170895) by Defendant AC Ocean Walk, LLC. (Kleiman, Kerry) |
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Filing 37
ORDER granting #30 Verified Petition for Permission for Leigh Ann Buziak to Practice Pro Hac Vice and approving Designation of Local Counsel I. Scott Bogatz. Signed by Judge Gloria M. Navarro on 9/14/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/14/2020. Pending before the Court are Defendants' [32-35] Emergency Motions to extend the TRO, for expedited discovery, to continue the preliminary injunction hearing, and for a protective order. IT IS HEREBY ORDERED that Plaintiff shall file a Response by September 16, 2020. IT IS FURTHER ORDERED that Defendants shall file a Reply by September 17, 2020. IT IS FURTHER ORDERED that the briefing schedule and hearing regarding Plaintiff's #9 Motion for Preliminary Injunction shall remain as scheduled. Should the Court grant Defendants' Emergency Motion, the Court will continue the hearing and order supplemental briefing to address facts raised in discovery.(no image attached) (Copies have been distributed pursuant to the NEF - DZ) |
| Filing 35 Emergency STIPULATED PROTECTIVE ORDER for William Callahan and Kelly Ashman Burke re #29 Order on Motion for TRO,,,,,,,, by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration Declaration of Leigh Ann Buziak ISO Defendants' Emergency Motion for a Protective Order) (Kleiman, Kerry) |
| Filing 34 Emergency MOTION to Continue Hearing re #29 Order on Motion for TRO,,,,,,,, by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration Declaration of Leigh Ann Buziak ISO Defendants' Emergency Motion to Continue Hearing) (Kleiman, Kerry) |
| Filing 33 Emergency MOTION to Extend Time (First Request) for Expedited Discovery re #29 Order on Motion for TRO,,,,,,,, by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration Declaration of Leigh Ann Buziak ISO Defendants' Emergency Motion to Extend the Discovery) (Kleiman, Kerry) |
| Filing 32 Emergency MOTION to Extend Time (First Request) re #29 Order on Motion for TRO,,,,,,,, by Defendant AC Ocean Walk, LLC. (Attachments: #1 Declaration Declaration of Leigh Ann Buziak ISO Defendants' Emergency Motion to Extend the Temporary Restraining Order) (Kleiman, Kerry) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro Setting Video Hearing on 9/14/2020. By Deputy Clerk: Aaron Blazevich. (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 30 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Leigh Ann Buziak and DESIGNATION of Local Counsel I. Scott Bogatz (Filing fee $ 250 receipt number 0978-6168450) by Defendant AC Ocean Walk, LLC. (Bogatz, I. Scott) |
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Filing 29
ORDER granting in part and denying in part #2 Motion for Temporary Restraining Order (see order for details). ORDER granting Plaintiff's request for expedited discovery. Callahan and Burke shall appear and be deposed by Plaintiff's counsel within ten (10) days of issuance of this Order. Re: #9 Motion for Preliminary Injunction. Plaintiff shall serve Defendants with a copy of this Order by Friday, September 11, 2020. Responses due by 9/15/2020. Replies due by 9/18/2020. Motion Hearing set for 9/23/2020 at 01:00 PM in LV Courtroom 7D before Judge Gloria M. Navarro. Signed by Judge Gloria M. Navarro on 9/10/2020. (Copies have been distributed pursuant to the NEF - JM) Modified text on 10/8/2020 (DKJ).
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| Filing 28 CERTIFICATE of Interested Parties by AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan that identifies all parties that have an interest in the outcome of this case. Corporate Parent TEN RE ACNJ, LLC, Corporate Parent Luxor Management, LLC, Other Affiliate AC Beachfront LLC, Other Affiliate ACOWMGR LLC for AC Ocean Walk, LLC added. (Kleiman, Kerry) |
| Filing 27 NOTICE of Corrected Image/Document re #22 Motion for Leave to File Excess Pages by Plaintiff Marina District Development Company, LLC. (Service of corrected image is attached.) (Attachments: #1 Declaration Trimmer Declaration) (Trimmer, Paul) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/9/2020. Pending before the Court is Plaintiff Marina District Development Company, LLC's ("Plaintiff's") #22 Motion for Leave to File Excess Pages. Plaintiff requests leave to file a consolidated 19-page Reply to Defendants' Responses, (ECF Nos. #15 , #16 ), to Plaintiff's Motion for Temporary Restraining Order. For good cause shown, IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File Excess Pages is GRANTED. (Copies have been distributed pursuant to the NEF - DZ) |
| Filing 25 CLERK'S NOTICE. Attorney Action Required to ECF No. #22 . ERROR: Certificate of Service on page three (3) is not signed or dated. Counsel is advised to correct the deficiency and file a Notice of Corrected Image/Document and link to #22 . (no image attached) (DKJ) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/8/2020. Regarding #11 Motion to Seal: Motion Hearing set for 10/30/2020 at 10:00 AM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. The hearing will take place via Zoom videoconference. To receive a Zoom invitation, counsel must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 23 REPLY to Response to #2 Motion for TRO, #9 Motion for Preliminary Injunction, #22 Motion for Leave to File Excess Pages by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 22 VIEW #27 corrected image re MOTION for Leave to File Excess Pages by Plaintiff Marina District Development Company, LLC. (Attachments: #1 Declaration Trimmer Declaration) (Trimmer, Paul) |
| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/8/2020. Pending before the Court is Plaintiff Marina District Development Company, LLC's ("Plaintiff's") #20 Motion for Leave to File Excess Pages. Nevada Local Rule 7-3 explains, "A motion to file a brief that exceeds these page limits... must be accompanied by a declaration stating in detail the reasons for, and number of, additional pages requested.... Failure to comply with this subsection will result in denial of the request." LR 7-3. Here, Plaintiff has not filed a Declaration accompanying its Motion. Accordingly, Plaintiff's Motion for Leave to File Excess Pages is DENIED. (Copies have been distributed pursuant to the NEF - DZ) |
| Filing 20 MOTION for Leave to File Excess Pages re #9 Motion for Preliminary Injunction, #2 Motion for TRO, by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 19 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Leigh Ann Buziak and Jeremy N. Kolman to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/22/2020. (no image attached) (DKJ) |
| Filing 18 MOTION to Dismiss #1 Complaint,, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. Responses due by 9/20/2020. Discovery Plan/Scheduling Order due by 10/21/2020. (Attachments: #1 Declaration of Lori Yeager) (Kleiman, Kerry) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 17 MOTION to Compel Arbitration and Stay Proceedings by Defendants Kelly Ashman Burke, William Callahan. Responses due by 9/20/2020. (Attachments: #1 Declaration of Kelly Burke) (Kleiman, Kerry) |
| Filing 16 RESPONSE to #2 Motion for TRO, by Defendants Kelly Ashman Burke, William Callahan. Replies due by 9/13/2020. (Attachments: #1 Declaration of Burke, #2 Declaration of Callahan, #3 Declaration of Buziak, #4 Declaration of Chris O'Connor, #5 Declaration of Ryan Burch, #6 Declaration of Ted Herzchel, #7 Declaration of Ebner, #8 Declaration of Yeager) (Kleiman, Kerry) |
| Filing 15 RESPONSE to #2 Motion for TRO, by Defendant AC Ocean Walk, LLC. Replies due by 9/12/2020. (Attachments: #1 Declaration of Lori Yeager, #2 Declaration of Ted Herzchel, #3 Declaration of Steven Ebner, #4 Declaration of Chris O'Connor, #5 Declaration of Ryan Burch) (Kleiman, Kerry) |
| Filing 14 CERTIFICATE OF SERVICE for #11 Motion to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 11 MOTION to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 10 ERROR: Document terminated. Entered in error. No further action is required by attorney Paul Trimmer. CLERK'S NOTICE. Attorney Action Required to ECF No. #9 . Document was not filed pursuant to LR IC 2-2(b) by attorney Paul Trimmer. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #9 along with all the exhibits addressing the Motion for Temporary Restraining Order using the appropriate document event to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. (no image attached) (SLD) Modified on 9/1/2020 (SLD). |
| Filing 9 MOTION for Preliminary Injunction by Plaintiff Marina District Development Company, LLC. Responses due by 9/14/2020. (Attachments: #1 Exhibit A-Callahan Agreement, #2 Exhibit B-Policies, #3 Exhibit C-Declaration of Melonie Johnson, #4 Exhibit D-Declaration of Colleen Hermann, #5 Exhibit E-Ocean Leadership Announcement, #6 Exhibit F-Burke Agreement, #7 Exhibit G-Trimmer Declaration, #8 Exhibit H-Proposed Temporary Restraining Order) (Trimmer, Paul) |
| Filing 8 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel John M. Nolan, III to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/11/2020. (no image attached) (EDS) |
| Filing 7 CLERK'S NOTICE. Attorney Action Required to ECF No. #2 Motion for Temporary Restraining Order. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile just the Motion for Preliminary Injunction also contained in ECF No. #2 as a separate entry, using the correct event. (no image attached) (EDS) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 8/28/2020. Pending before the Court is Plaintiff Marina District Development Company LLC's ("Plaintiff's") #2 Motion for Temporary Restraining Order ("TRO"). Because Plaintiff did not file the TRO under an ex parte designation, IT IS HEREBY ORDERED that Defendants AC Ocean Walk, LLC, William Callahan, and Kelly Ashman Burke (collectively, "Defendants") shall file a Response to the TRO by 11:59 p.m. on September 5, 2020. IT IS FURTHER ORDERED that Plaintiff shall file a Reply by 11:59 p.m. on September 8, 2020.(Copies have been distributed pursuant to the NEF - DZ) |
| Filing 5 CERTIFICATE OF SERVICE for #2 Motion for TRO, by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) |
| Filing 4 CERTIFICATE of Interested Parties by Marina District Development Company, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent MGM Resorts International, Corporate Parent Marina District Development Holding Co., LLC, Corporate Parent MAC, Corp. for Marina District Development Company, LLC added. (Trimmer, Paul) |
| Filing 3 Summons Issued as to All Defendants re #1 Complaint. (MR) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Brenda Weksler. ***Emergency motion previously filed in case.*** (MR) |
| Filing 2 MOTION for Temporary Restraining Order re #1 Complaint,, by Plaintiff Marina District Development Company, LLC. (Attachments: #1 Exhibit Callahan Agreement, #2 Exhibit Policies, #3 Declaration Melonie Johnson, #4 Declaration Colleen Hermann, #5 Exhibit Ocean Leadership, #6 Exhibit Burke Agreement, #7 Declaration Trimmer Declaration, #8 Proposed Order) (Trimmer, Paul) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6146552) by Marina District Development Company, LLC d/b/a Borgata Hotel Casino & Spa. Proof of service due by 11/25/2020. (Attachments: #1 Exhibit A-Callahan Employment Agreement, #2 Exhibit B-Burke Employment Agreement, #3 Civil Cover Sheet, #4 Summons AC Ocean Walk LLC, #5 Summons William Callahan, #6 Summons Kelly Ashman Burke) (Trimmer, Paul) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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