TPOV Enterprises 16, LLC v. Paris Las Vegas Operating Company, LLC

Opinion

1 James J. Pisanelli, Esq., Bar No. 4027 JJP@pisanellibice.com 2 Debra L. Spinelli, Esq., Bar No. 9695 DLS@pisanellibice.com 3 M. Magali Mercera, Esq., Bar No. 11742 MMM@pisanellibice.com 4 Brittnie T. Watkins, Esq., Bar No. 13612 BTW@pisanellibice.com 400 South 7th Street, Suite 300 6 Las Vegas, Nevada 89101 Telephone: 702.214.2100 7 Facsimile: 702.214.2101

8 Attorneys for Paris Las Vegas Operating Company, LLC

11 TPOV ENTERPRISES 16, LLC, a Delaware CASE NO. 2:17-cv-00346-JCM-VCF Limited Liability Company, 12 Plaintiff, 13 vs. STIPULATION AND [PROPOSED] 14 PARIS LAS VEGAS OPERATING ORDER TO EXTEND DEADLINE TO COMPANY, LLC, a Nevada limited liability FILE MOTION FOR ATTORNEYS' FEES 15 company,

16 Defendant.

COMPANY, LLC, a Nevada limited liability 18 company,

19 Counterclaimant. vs. 20 TPOV ENTERPRISES, LLC, a Delaware 21 Limited Liability Company, TPOV ENTERPRISES 16, LLC, a Delaware Limited 22 Liability Company, ROWEN SEIBEL, an individual. 23 Counter-defendants. 24 25

26 Plaintiff/Counterdefendant TPOV Enterprises 16, LLC ("TPOV 16"), Counterdefendant 27 TPOV Enterprises, LLC ("TPOV"), and Counterdefendant Rowen Seibel ("Seibel") (collectively, 1 Company, LLC ("Paris") (collectively, the "Parties"), by and through their undersigned counsel of 2 record, stipulate and agree as follows: 3 1. On July 17, 2020, this Court adopted Judge Ferenbach's report and recommendation 4 in full, ordered that TPOV's answer was stricken as to TPOV only, and directed the clerk to enter 5 default against TPOV. (ECF No. 229.) 6 2. On July 20, 2020, a default judgment was entered by the clerk. (ECF No. 230.) 7 3. The parties are in discussion surrounding the Court's entrance of a default judgment. 8 a. TPOV believes that the clerk erred by entering a default judgment as opposed 9 to a default because, as noted above, this Court only directed the clerk “to enter default” as 10 to TPOV, which follows the recommendation from Judge Ferenbach pursuant to his 11 February 19, 2020 report and recommendation. Further, under FRCP 55, obtaining a default 12 judgment entails two steps: First, obtaining a default; and Second, obtaining a default 13 judgment. See, e.g., Teller v. Dogge, No. 2:12-cv-591 JCM (GWF), 2014 U.S. Dist. LEXIS 14 139632, at *3 (D. Nev. Sept. 30, 2014); see also Eitel v. McCool, 782 F.2d 1470, 1471 (9th 15 Cir. 1986) (referencing “the two-step process required by Rule 55” for obtaining a default 16 judgment). 17 b. Paris is analyzing TPOV’s request to have the Parties ask this Court to vacate 18 and set aside the default judgment so that the clerk may instead enter a default. 19 c. Each Party reserves all rights with regard to entry of the default judgment. 20 4. In the interim, the parties stipulate to extend the time set forth in FRCP 54(d) and 21 LR 54-14 for Paris to file its motion for attorneys' fees and costs to August 10, 2020.1 22 5. This is the first stipulation for extension of time to file the motion for attorneys' fees 23 and costs and will not impact any other deadlines. 24 /// 25 /// 26 /// 27 1 6. This stipulation is made in good faith and not for purposes of delay. 2 || DATED this 3rd day of August 2020. DATED this 3rd day of August 2020. 3 || PISANELLI BICE PLLC BAILEY“ KENNEDY By: __/s/M. Magali Mercera By:___/s/ Joshua P. Gilmore 5 || James J. Pisanelli, Esq., Bar No. 4027 John R. Bailey, Esq., Bar No. 0137 Debra L. Spinelli, Esq., Bar No. 9695 Dennis L. Kennedy, Esq., Bar No. 1462 6 || M. Magali Mercera, Esq., Bar No. 11742 Joshua P. Gilmore, Esq., Bar No. 11576 Brittnie T. Watkins, Esq., Bar No. 13612 Paul C. Williams, Esq., Bar No. 12524 7 || 400 South 7" Street, Suite 300 Stephanie J. Glantz, Esq., Bar No. 14878 Las Vegas, Nevada 89101 8984 Spanish Ridge Avenue 8 Las Vegas, Nevada 89148-1302 9 || Attorneys for Paris Las Vegas Operating Attorneys for TPOV Enterprises 16, LLC, 10 Company, LLC TPOV Enterprises, LLC and Rowen Seibel

11 > ES ZS 13 IT IS SO ORDERED.

14 A { ae 15 CP ted 0. Atala. 4 —_ rr 16 UNITED STATES DISTRICT JUDGE ns

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