Opinion
2:16-cv-02933-JAD-NJK
12-08-2022
TAMARES LAS VEGAS PROPERTIES, LLC; PLAZA HOTEL & CASINO, LLC; and T-UPR, LLC,Plaintiffs, v. THE TRAVELERS INDEMNITY COMPANY, Defendant.
BROWNSTEIN HYATT FARBER SCHRECK, LLP FRANK M. FLANSBURG III PATRICK J. REILLY ATTORNEYS FOR PLAINTIFFS CLYDE & CO U.S. LLP AMY M. SAMBERG, ESQ. ATTORNEYS FOR DEFENDANT WEG & MYERS, P.C. DENNIS T. D'ANTONIO JOSHUA L. MALHN ATTORNEYS FOR PLAINTIFFS ROBINSON COLE LLP GREGORY P. VARGA J. TYLER BUTTS ATTORNEYS FOR DEFENDANT DAVIS STIBOR SHAN DAVIS ATTORNEYS FOR PLAINTIFFS
BROWNSTEIN HYATT FARBER SCHRECK, LLP FRANK M. FLANSBURG III PATRICK J. REILLY ATTORNEYS FOR PLAINTIFFS
CLYDE & CO U.S. LLP AMY M. SAMBERG, ESQ. ATTORNEYS FOR DEFENDANT
WEG & MYERS, P.C. DENNIS T. D'ANTONIO JOSHUA L. MALHN ATTORNEYS FOR PLAINTIFFS
ROBINSON COLE LLP GREGORY P. VARGA J. TYLER BUTTS ATTORNEYS FOR DEFENDANT
DAVIS STIBOR SHAN DAVIS ATTORNEYS FOR PLAINTIFFS
STIPULATION AND ORDER RE: PAGE LIMITS AND BRIEFING SCHEDULE CONCERNING TRAVELERS' INDEMNITY COMPANY'S MOTION FOR ATTORNEYS' FEES AND EXPENSES (ECF No. 265)
ECF No. 266
STIPULATION
Joshua Mallin, Dennis D'Antonio and Shan Davis, Counsel for Plaintiffs Tamares Las Vegas Properties, LLC, Plaza Hotel & Casino, LLC, and T-UPR, LLC, (collectively “Plaintiffs' Counsel”) and Defendant The Travelers Indemnity Company (“Travelers”), by and through the law firms Clyde & Co LLP and Robinson & Cole LLP, hereby agree and stipulate as follows:
1. By Order dated November 22, 2022 this Court “SO ORDERED” a Stipulation governing the briefing schedule and page limits for Travelers' Motion for Attorney's Fees and Expenses (ECF No. 265) (“Motion”), the Plaza Plaintiffs' Opposition thereto, and Travelers' reply.
2. The Motion separately seeks relief against Plaintiffs' Counsel, pursuant to NRS 7.085, FRCP 37(c), 28 U.S.C. § 1927 and the Court's inherent power.
3. Each of these legal grounds presents differing standards for seeking an award of fees and expenses. Plaintiffs' Counsel's Opposition will necessarily include a significant discussion of the underlying facts and procedural history of this matter, including certain pre-suit activity, pretrial discovery practice, motion practice, the trial, and information gathered during recent post-trial discovery as relevant to the relief sought.
4. Additionally, and pursuant to Local Rule 54-14, Plaintiffs' Counsel's Opposition will address Travelers' request for attorneys' fees with thirteen categories of information, which includes a discussion of the fees and costs that Travelers has incurred throughout the lifetime of this matter and Plaintiffs Counsels' liability for same.
5. Travelers and Plaintiffs' Counsel agree that there is good cause for increasing the page limits of Plaintiffs' Counsel's opposition and Travelers' reply thereto in that the aforementioned subjects cannot be adequately addressed within the page limits prescribed by the Local Rules.
6. In light of the foregoing, Travelers and Plaintiffs' Counsel agree and stipulate as follows:
a. Plaintiffs' Counsel shall file and serve a single, joint opposition to the Motion of no more than 48 pages (excluding exhibits). Said opposition shall be filed on or before January 20, 2023.
b. Travelers may file and serve a reply brief in response to the opposition of Plaintiffs' Counsel on or before February 17, 2023. Said reply shall be limited to 18 pages (excluding exhibits).
7. The Plaintiffs agree to this Stipulation.
ORDER
IT IS SO ORDERED.