Opinion
2:21-cv-01650-GMN-BNW
01-06-2022
MARCO PAULO RODRIGUES LORADOR and PAULO RENATO RODRIGUES LORADOR, Plaintiffs, v. MICHELLE KOLEV, NICOLE KOLEV, CIRQUE DU SOLEIL NEVADA NEWCO, INC., CIRQUE DU SOLEIL ENTERTAINMENT GROUP, and TREASURE ISLAND LLC, Defendants.
MARQUIS AURB ACH COFFING Brian R. Hardy, Esq. Nevada Bar No. 10068 Tabetha Martinez, Esq. Nevada Bar No. 14237 Law Offices of Philip A. Kantor PC Philip A. Kantor, Esq. Nevada Bar No. 6701 Attorneys for Plaintiffs THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER Brian K. Terry, Esq. Nevada Bar No. 3171 Vincent M. Godinho, Esq. Nevada Bar No. 14205
MARQUIS AURB ACH COFFING Brian R. Hardy, Esq. Nevada Bar No. 10068 Tabetha Martinez, Esq. Nevada Bar No. 14237 Law Offices of Philip A. Kantor PC Philip A. Kantor, Esq. Nevada Bar No. 6701 Attorneys for Plaintiffs
THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER Brian K. Terry, Esq. Nevada Bar No. 3171 Vincent M. Godinho, Esq. Nevada Bar No. 14205
STIPULATION AND ORDER REGARDING JANUARY 11, 2022 HEARING
GLORIA M. NAVARRO, DISTRICT JUDGE
Plaintiffs Marco Paulo Rodrigues Lorador and Paulo Renato Rodrigues Lorador (hereinafter “Plaintiffs”), by and through their attorneys of record, the law firm of Marquis Aurbach Coffing; and Michelle Kolev, Nicole Kolev, Cirque Du Soleil Nevada Newco, Inc., and Treasure Island LLC, (hereinafter “Defendants”), by and through their attorneys of record, the law firm of Thorndal Armstrong Delk Balkenbush & Eisinger, hereby stipulate and agree as follows:
1. Plaintiffs filed their Motion for Preliminary Injunction (ECF No. 5) on September 8, 2021.
2. Defendants' Response (ECF No. 18) was filed on November 2, 2021.
3. Plaintiffs filed their Reply in Support of their Motion for Preliminary Injunction (ECF No. 19) on November 9, 2021.
4. The Clerk of the Court set the hearing for December 16, 2021 at 10:00 a.m. per the Order Setting Hearing on Motion for Preliminary Injunction (ECF No. 25) filed on December 1, 2021.
5. The hearing was continued to January 11, 2022 pursuant to the Stipulation and Order to Continue Hearing Date (ECF No. 27) filed on December 7, 2021.
6. Counsel for Defendants recently contracted COVID-19 and is unable to attend the hearing on January 11, 2022, which would require a continuation of the hearing in the interest of health and safety. The interests of health and safety must be balanced against Plaintiffs' interest in having this matter adjudicated without further delay.
7. Thus, in an attempt to balance Plaintiffs' interest in resolving the Motion as expeditiously as possible and Defendants' interest in taking the hearing off calendar for health and safety reasons, the parties hereby stipulate and agree as follows:
a) The parties agree to submit supplemental briefing in lieu of a hearing on January 11, 2022.
b) The briefing will be limited to the three topics identified in the Court's Order Setting Hearing on Motion for Preliminary Injunction (ECF No. 25), as follows:
1) The validity of Plaintiffs' copyright;
2) The current state of the law concerning partial copying of copyrighted material;
3) The poses and transitions presented in the video exhibits of the Alexis Brothers' and Kolev Sisters' hand-balancing performances.
c) The supplemental briefing will be limited to 10 pages and will be submitted to the court on January 11, 2022.
d) Upon submission of the supplemental briefing, this matter will be deemed fully submitted for the Court for ruling without further oral argument, unless such argument is requested by the Court.
8. This request is made in good faith and not being sought for improper purposes or to delay.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the hearing currently scheduled for Tuesday, January 11, 2022, at 10:00 a.m. is VACATED.