Big City Dynasty Corp et al v. FP Holdings, L.P., No. 2:2019cv02078 - Document 76 (D. Nev. 2021)
Court Description: ORDER granting 73 Joint Pretrial Order; Calendar Call set for 11/9/2021 at 08:45 AM by videoconference. Jury Trial set for 11/15/2021 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 8/3/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Big City Dynasty Corp et al v. FP Holdings, L.P. Doc. 76 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 1 of 30 1 5 SNELL & WILMER L.L.P. Alex L. Fugazzi, Esq. (Nevada Bar #9022) Aleem A. Dhalla, Esq. (Nevada Bar #14188) 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: 702.784.5200 Facsimile: 702.784.5252 afugazzi@swlaw.com adhalla@swlaw.com 6 Attorneys for Plaintiffs 2 3 4 REED SMITH LLP Jordan W. Siev, Esq. (Pro Hac Vice) John P. Kennedy, Esq. (Pro Hac Vice) 599 Lexington Avenue, 22nd Floor New York, NY 10022 Telephone: (212) 521-5400 Facsimile: (212) 521-5450 jsiev@reedsmith.com jkennedy@reedsmith.com 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 BIG CITY DYNASTY CORP. and RYAN RADDON, Case No.: 2:19-cv-02078-APG-NJK 10 Plaintiffs, PRETRIAL ORDER 11 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer v. 12 FP HOLDINGS, L.P., 13 Defendant. 14 15 16 After pretrial proceedings in this case, IT IS ORDERED: I. 17 18 This is an action for: 19 Plaintiff Ryan Raddon (“Raddon”) is an internationally-known performing artist and DJ; 20 Plaintiff Big City Dynasty Corp. (“Big City”) (together with Raddon, “Plaintiffs”) is an 21 entertainment company of which Raddon is the principal. Defendant FP Holdings, Inc. (“FP” or 22 “Defendant”) is the ultimate owner of a series of companies that owned at all relevant times for this 23 dispute the Palms Casino Resort in Las Vegas, Nevada (“The Palms”). 24 This action primarily concerns Defendant’s breach of that certain Artist Performance 25 Agreement, dated as of January 8, 2018 (the “Agreement”). Under the Agreement, Defendant 26 retained Big City to furnish the DJ services of Raddon, as Artist, to perform at KAOS, a nightclub 27 and dayclub venue operated by Defendant at The Palms (the “Venue”). The Agreement obligates 28 Big City, as Producer, to furnish Raddon’s DJ services at the Venue, on thirty dates in calendar Dockets.Justia.com L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 2 of 30 1 year 2019 and an additional thirty dates in calendar year 2020, with the specific dates to be agreed 2 upon by the parties (each a “Performance”). 3 Plaintiffs allege, in essence, that Defendant closed the Venue in September 2019 for dome 4 construction, then, after briefly reopening, announced the closure would be permanent on 5 November 5, 2019, and failed to provide another venue for the Performances, thereby breaching 6 the terms of the Agreement. Plaintiffs argue, in basic terms, all of Plaintiffs’ compensation under 7 the Agreement became immediately due and owing when the Agreement was terminated, making 8 any subsequent events irrelevant. 9 Defendant admits that by closing the Venue it breached the Agreement but alleges, in basic 10 terms, that it did not cause all of Plaintiffs’ claimed damages as Plaintiffs could not have been 11 ready, willing and able to perform shows at a nightclub or dayclub from March 17, 2020 through 12 December 31, 2020 due to the COVID-19 pandemic and related government shutdown of casinos, 13 nightclubs and dayclubs, which rendered the parties’ performance under the Agreement objectively 14 impossible. FP thus contends that Plaintiffs’ damages should be limited to those that (i) occurred 15 prior to the supervening impossibility, and (ii) have not otherwise already been paid. Insofar as 16 Plaintiffs contend that FP could have opened a lounge or other modified venue in or about mid- 17 2020 in order to schedule Plaintiffs’ uncompleted performances under the Agreement, FP submits 18 that the government ban on nightclubs and dayclubs re-opening was not limited to the period of 19 March 17, 2020 through June 4, 2020, and that the Agreement expressly contemplates nightclub 20 and dayclub performances not lounge or any other type of performances. Even if the outright ban 21 was limited to the specified time period, FP submits the cost of performance post-June 4 under the 22 required government restrictions and related conditions would have been materially more 23 burdensome and, thus, not required under applicable law. 24 In response to Defendant’s force majeure and impossibility/impracticability affirmative 25 defense regarding the COVID-19 pandemic, Plaintiffs argue that events that occurred after 26 Defendant’s breach and termination of the Agreement are immaterial and do not impact or limit 27 28 -2- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 3 of 30 1 Plaintiffs’ damages, both under the Agreement and under Nevada law. Regardless, Defendant’s 2 performance was not impossible, as other venues had reopened by mid-2020. 3 4 Statement of Jurisdiction: 5 This Court has diversity jurisdiction pursuant to 28 U.S.C. § 1132(a)(1) because there is 6 complete diversity of citizenship between the parties, and the amount in dispute exceeds $75,000. 7 Big City is incorporated under the laws of California, with its principal place of business in L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 8 Snell & Wilmer II. New York. Raddon is a resident of California. 9 FP is a Nevada limited partnership and an indirect subsidiary of Station Casinos LLC, a 10 Nevada limited liability company. None of FP’s limited partners nor any of Station Casinos LLC’s 11 members are California or New York citizens. Station Casinos LLC is managed and controlled by 12 Red Rock Resorts, Inc., a publicly-traded corporation formed under the laws of Delaware with its 13 principal place of business in Clark County, Nevada. 14 III. 15 The following facts are admitted by the parties and require no proof: 16 1. Raddon is an internationally-known performing artist and DJ. 17 2. Big City is an entertainment company of which Raddon is the principal. 18 3. FP, at all relevant times, was the ultimate owner of a series of companies that owns The 19 20 Palms. 4. 21 While FP subsequently announced the sale of the Palms, the contemplated sale does not impact this litigation. 22 5. The parties entered an Artist Performance Agreement, effective January 8, 2018. 23 6. The Agreement was exclusive, meaning Plaintiffs could not, without Defendant’s 24 consent, perform at other venues within 100 miles of Las Vegas (other than at a few 25 shows and festivals in Las Vegas that were specifically permitted), and could not 26 perform at all in the states of Nevada, California, Arizona, and/or Utah on the same date 27 as a Performance under the Agreement. The Agreement imposed no other restrictions 28 -3- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 4 of 30 1 on the timing or location of Plaintiffs’ performances outside the scope of the Agreement 2 during its term. Defendant was free to hire other performers. 3 7. 4 5 all relevant times through the negotiation and ultimate execution of the Agreement. 8. 6 7 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Under the Agreement, Defendant retained Big City to furnish the DJ services of Raddon at KAOS, a nightclub and dayclub venue operated by Defendant at The Palms. 9. The Agreement obligates Big City to furnish Raddon’s DJ services at the Venue, on 8 thirty dates in calendar year 2019 and an additional thirty dates in calendar year 2020, 9 with the specific dates to be agreed upon by the parties (each a “Performance”). 10 Snell & Wilmer Plaintiffs and Defendant are sophisticated parties, and were represented by counsel at 10. Each Performance at the nightclub was to take place on a Friday or Saturday, and each 11 performance at the dayclub was to take place on a Saturday or Sunday, unless otherwise 12 mutually agreed. 13 11. 14 15 Each Performance is subject to several additional conditions, such as a required length and mandatory promotion via Raddon’s social media accounts. 12. For each Performance, Plaintiffs are entitled to specified minimum compensation. For 16 each Performance, the Agreement obligates Defendant to pay Plaintiffs a fee of 17 $300,000 (each a “Fee”). 18 13. 19 20 each of calendar years 2019 and 2020. 14. 21 22 The Agreement contemplates the payment to Plaintiffs of $9,000,000 in total Fees for The parties also agreed to hold an additional, thirty-first Performance to take place in 2019, for the $300,000 Fee stipulated by the Agreement. 15. The Agreement also provides for payment of a bonus to Plaintiffs in connection with 23 each completed Performance in which the Venue meets certain gross revenue targets 24 (each a “Bonus”). Plaintiffs do not seek payment of any Bonus. 25 26 16. The Fee and the Bonus for any given Performance, together, are defined as the “Compensation” for that Performance. 27 28 -4- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 5 of 30 1 17. Section 2(c) of the Agreement, governing the timing and quantity of the Compensation 2 for Performances, states in relevant part: 3 The Compensation for each Performance set forth above shall be paid as follows: The Fees for the 2019 calendar year shall be paid as follows: (a) Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) shall be paid to PRODUCER within ten (10) business days of the execution of this Agreement; (b) Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) shall be paid to PRODUCER within five (5) business days of January 1, 2019; and (c) One Hundred and Fifty Thousand Dollars ($150,000) shall be paid to PRODUCER within five (5) business days following each completed Performance in 2019. 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 The Fees for the 2020 calendar year shall be paid as follows: (a) Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) shall be paid to PRODUCER within five (5) business days of September 30, 2019; (b) Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) shall be paid to PRODUCER within five (5) business days of January 1, 2020; and (c) One Hundred and Fifty Thousand Dollars ($150,000) shall be paid to PRODUCER within five (5) business days following each completed Performance in 2020. [. . .] In the event that FP and PRODUCER mutually agree to any additional Performances in excess of thirty (30) in any calendar year during the Engagement Period, the Fee (i.e., $300,000) for any such additional Performance shall be paid within five (5) business days following such Performance. 16 17 18. contemplated the payment to Plaintiff of $9,300,000 in total Fees for calendar year 2019. 18 Defendant paid Plaintiffs $8,100,000 for 24 shows in 2019, which included payments 19 for several shows that Raddon did not perform because they were scheduled for dates 20 after Defendant closed the Venue in September 2019 for dome construction, 21 notwithstanding Raddon’s being ready, willing, and able to perform those shows. 22 23 19. payments thereafter. 25 27 Defendant paid Plaintiffs the initial $2.25 million payment for 2020 shows on October 15, 2019; it did not make the January 1, 2020 second payment or any additional 24 26 Based on the foregoing and the parties’ agreement for a 31st show, the Agreement 20. The Agreement also required FP to provide and pay for additional accommodations such as rooms, food, beverage, transportation, and marketing plans. 28 -5- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 6 of 30 1 21. 2 relevant part as follows: 3 PRODUCER and ARTIST agree to comply with any and all federal, state and local laws, ordinances, rules and regulations, including those of any applicable regulatory body, and with all provisions of any applicable collective bargaining agreement to which FP is signatory in connection with the engagements hereunder. FP shall comply with any and all federal, state and local laws, ordinances, rules and regulations, including those of any applicable regulatory body, in connection with its obligations and actions related to the Performances; provided, that FP shall not be deemed in breach of this provision for minor code violations. Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over FP and over the services and personnel to be furnished by ARTIST and/or PRODUCER to FP hereunder. Whenever there is any conflict not governed by this Agreement between any provision of this Agreement and any law, rule, regulation or requirement of any governmental body regulating gaming, such law, rule, regulation, or requirement shall prevail and this Agreement shall be curtailed, modified or limited only to the extent necessary to eliminate such conflict. ARTIST and PRODUCER shall also comply with any and all rules and regulations established by FP in relation to the operation and function of its premises. 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 Section 15 of the Agreement governs compliance with laws and rules, and states in 22. 15 Section 19 of the Agreement governs matters of incapacity and force majeure, and states in full as follows: 16 In the event ARTIST does not perform a Performance by reason of death, severe illness or other incapacity to ARTIST or to ARTIST’s immediate family members, or if either party's presentation of a show is prevented, rendered impossible or materially frustrated by any act, requirement or regulation or action of any public authority or bureau, strike or labor difficulties, act or threat of terrorism, flood, fire, abnormally severe weather conditions, civil tumult, effects of energy use restrictions, emergencies, lockout or other labor dispute, act of God, absence of power or other essential services, failure of technical facilities or failure or delay of transportation facilities, or any other cause beyond either party's reasonable control, then there shall be no claim for damages by any party to this Agreement and each party's obligations hereunder as to such Performance shall be waived (provided that the parties first attempt in good faith to re-schedule the Performance in question to a comparable date). Notwithstanding the foregoing, provided that such Performance cannot be rescheduled prior to such Performance (which such rescheduling shall be subject to Artist's availability) and ARTIST is ready, willing, present in Las Vegas and able to perform, PRODUCER shall be entitled to 50% of the compensation due for the applicable Performance. 17 18 19 20 21 22 23 24 25 26 27 23. The Agreement is a valid and enforceable contract. 28 -6- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 7 of 30 1 24. Plaintiffs did not breach the Agreement. 2 25. Defendant anticipatorily breached the Agreement in November 2019 by closing KAOS 3 4 nightclub. 26. 5 part: 6 In the event either party refuses or neglects to remedy such alleged material breach [following notice and cure period] and comply with any provisions hereunder, and such breaching party is not in the process of curing such breach, then any such failure shall be deemed a substantial and material breach of this Agreement and the non-breaching party shall have the right (in such party's sole discretion), without prejudice to any other rights and remedies to immediately terminate this Agreement and cancel the Engagement hereunder. In the event of a material uncured breach by FP, PRODUCER shall have the right to: (i) retain all amounts already paid to PRODUCER by FP as partial compensation for such breach; (ii) receive the unpaid balance of the compensation stated in Section 2; and (iii) PRODUCER and ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this Agreement. For the avoidance of doubt and for purposes of this Paragraph 20, a material breach on the part of FP shall be solely for (1) failure to pay the Compensation as set forth in Paragraph 2, or (2) failure to provide a suitable venue for ARTIST to carry out the Performances hereunder. 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 Section 20 of the Agreement, governing notices of breach, states as follows, in relevant 27. The parties dispute only the proper measure of the Plaintiffs’ damages. 17 18 19 20 21 22 23 24 25 26 27 28 -7- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 8 of 30 1 28. Plaintiffs received the following payments from Defendant under the Agreement: 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 Kaskade 2019 KAOS Shows and Related Payments Show Date City, State 2019 Payment #1 2019 Payment #2 April 7, 2019 April 12, 2019 April 19, 2019 May 5, 2019 May 10, 2019 May 11, 2019 May 19 2019 May 25, 2019 June 1, 2019 June 8, 2019 June 22, 2019 June 23, 2019 June 29, 2019 June 30, 2019 July 5, 2019 July 6, 2019 July 20, 2019 July 27, 2019 August 8, 2019 August 23, 2019 Sept. 15, 2019 Oct. 5, 2019 Oct.13, 2019 Oct. 18, 2019 Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV Las Vegas, NV 2020 Payment #1 Las Vegas, NV 22 23 Venue Amount Paid Future Shows at KAOS Future Shows at KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS KAOS 2019 Sub-Total 2020 Shows at KAOS Total Fees Paid $2,250,000 $2,250,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $8,100,000 $2,250,000 $10,350,000 24 25 26 27 28 -8- Date Paid March 1, 2018 Jan. 8, 2019 April 22, 2019 April 22, 2019 April 24, 2019 May 8, 2019 May 16, 2019 May 16, 2019 May 22, 2019 June 3, 2019 June 7, 2019 June 12, 2019 June 26, 2019 June 26, 2019 July 3, 2019 July 3, 2019 July 9, 2019 July 9, 2019 July 24, 2019 Aug. 5, 2019 Aug. 20, 2019 Aug. 29, 2019 Sept. 20, 2019 Oct. 10, 2019 Oct. 17, 2019 Oct. 30, 2019 Oct. 15, 2019 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 9 of 30 1 2 3 4 5 6 7 8 9 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 10 IV. The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 1. Plaintiffs adequately attempted to mitigate their damages to the extent required under Nevada law and by the Agreement. 2. On March 12, 2020, Nevada Governor Steve Sisolak issued a statewide Declaration of Emergency for Covid-19. 3. In conjunction with the Declaration of Emergency, the State of Nevada issued a series of orders, directives, and restrictions. 4. On March 17, 2020, Governor Sisolak verbally ordered, and then on March 18, 2020 11 issued Declaration of Emergency Directive 002, which stated, in part: “The Nevada general public 12 shall cease gathering at gaming establishments, and all gaming devices, machines, tables, games, 13 and any equipment related to gaming activity shall cease operations effective March 17, 2020, at 14 11:59 p.m., for the duration that this Directive shall be in effect.” 15 5. On March 20, 2020, Governor Sisolak issued Declaration of Emergency for Covid- 16 19 Directive 003, which stated, in part: “Non-Essential Businesses, as further defined in regulations 17 promulgated under this Directive, that promote recreational social gathering activities including, 18 but not limited to, recreation centers, clubhouses, nightclubs, movie theaters, massage parlors, adult 19 entertainment establishments, brothels, and live entertainment venues, and any other such Non- 20 Essential Business shall close effective March 20, 2020, at 11:59 p.m., for the duration that this 21 Directive shall be in effect.” 22 6. On May 28, 2020, Governor Sisolak issued Declaration of Emergency Directive 23 021 - Phase Two Reopening Plan which permitted several businesses to reopen on June 4, 2020 24 subject to certain conditions, including casinos, restaurants, and bars, but required nightclubs and 25 dayclubs to remain closed. 26 27 28 -9- Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 10 of 30 1 2 The following are the issues of fact to be tried and determined upon trial: 3 1. 4 5 6 7 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Whether seasonal and other factors impact the scheduling of DJ performances at Las Vegas nightclubs and dayclubs. 2. How many Performances Raddon was likely to have completed at KAOS during the period from January 1, 2020 through March 17, 2020 had the venue remained open. 3. How many Performances Raddon was likely to have completed during the period 8 from January 1, 2020 through March 17, 2020 had he been offered an alternative venue at which 9 to perform. 10 Snell & Wilmer V. 4. Notwithstanding KAOS’ closure in November 2019, whether the Nevada 11 Governor’s shutdown orders in March 2020 and thereafter in response to the COVID-19 pandemic 12 rendered the parties unable to perform their respective obligations under the Agreement beginning 13 March 17, 2020 and, if so, the length that the inability to perform lasted. 14 5. Whether and when alternative venues were permitted to open (or re-open) under the 15 Nevada Governor’s COVID-19 orders, and whether such alternative venues were a suitable venue 16 to carry out the Performances contemplated under the Agreement. 17 6. Whether and what type of restrictions were imposed on alternative venues that were 18 permitted to open (or re-open) under the Nevada Governor’s COVID-19 orders, including 19 restrictions on capacity, social distancing, dancing, standing, face coverings, and the like. 20 21 22 7. Whether the restrictions referenced in the foregoing paragraph changed over time and, if so, in what manner. 8. Whether the Nevada Governor’s COVID-19 orders, including Directive 021-Phase 23 Two Reopening Plan, defined nightclubs and dayclubs, and whether that definition or interpretation 24 of those terms differed from that of the Agreement. 25 9. Whether other operators opened existing, converted, or new alternative venues on 26 or after June 4, 2020, the characteristics thereof, the artists that performed at these alternative 27 venues, and whether any internationally-known DJs performed at these venues. 28 - 10 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 11 of 30 1 10. The factors impacting Defendant’s ability to convert KAOS into an alternative 2 venue or create or find a new or existing alternative venue sometime after June 4, 2020 to 3 accommodate Raddon’s performances and comply with the Governor’s COVID-19 orders. 4 11. Whether Plaintiffs could and/or would have completed the remaining Performances 5 under the Agreement during the remainder of 2020 had Defendant been able to open an existing, 6 converted, or new “lounge-type” venue or other performance venue that complied with the Nevada 7 Governor’s COVID-19 Orders. 8 9 12. Whether the amount of damages Plaintiffs contend is due under the Agreement is proportionate to Plaintiffs’ actual damages. 10 VI. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 The following are issues of law to be tried and determined at trial: 12 1. 13 14 canceled by Defendant. 2. 15 16 3. 21 22 4. 25 26 Whether, and if so, the extent to which, Defendant was obligated under the Agreement to provide an alternative venue for the remaining 2019 and any pre-March 17, 2020 Performances following the closure of the Venue in November 2019, Plaintiffs’ declaration of breach in November 2019, and Plaintiffs’ termination of the Agreement in December 2019. 5. 23 24 Whether Defendant scheduled any additional shows in 2019 or 2020 after its breach of the Agreement in November 2019 by closing KAOS nightclub. 19 20 Whether Defendant’s anticipatory breach of the Agreement in November 2019 accelerated all remaining Compensation due under the Agreement. 17 18 Whether the Agreement required Defendant to pay Plaintiffs in full for shows Whether, and if so, the extent to which, Defendant was obligated under the Agreement to offer, create, or convert an alternative venue for any post-June 4, 2020 Performances following the resumption of limited casino operations under the Nevada Governor’s COVID-19 Orders. 27 28 - 11 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 12 of 30 1 6. 2 portion of the Fees for 2020 Performances sets off or otherwise satisfies Defendant’s other payment 3 obligations to Plaintiffs, if any. 4 7. Whether Defendant’s breach caused all of the damages Plaintiffs seek in this action. 5 8. Whether the Agreement’s force majeure clause supersedes and replaces the common 6 law doctrines of impossibility and impracticability notwithstanding the clause’s incorporation of 7 the terms “impossible” and “materially frustrated.” 8 9 10 9. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 12 Whether the Agreement’s force majeure clause and principles of supervening impossibility and impracticability limit Plaintiffs’ recoverable damages to those that (i) occurred prior to the supervening impossibility, and (ii) have not otherwise already been paid. 11 Snell & Wilmer Whether, and if so, the extent to which, Defendant’s payment of some advance 10. Whether the damages provision in the Agreement constitutes an unenforceable liquidated damages clause. 13 VII. 14 (a) 15 marked by the clerk: 16 17 18 19 (1) Plaintiff’s exhibits. Exhibit DESCRIPTION January 8, 2018 Artist Performance Agreement 001 002 Date of all performances scheduled at the Venue prior to Defendant’s closure 003 March 12, 2020 Declaration of Emergency for COVID-19 004 March 18, 2020 Declaration of Emergency Directive 002 005 March 20, 2020 Declaration of Emergency Directive 0003 20 21 The following exhibits are stipulated into evidence in this case and may be so 22 23 24 25 26 27 28 - 12 - BATES RADDON0003275 – RADDON0003288 RADDON0008080 – RADDON0008081 FPH01490 – FPH01492 Ex. 8 to Response to MSJ & Countermotion FPH01508 – FPH01510 Ex. 9 to Response to MSJ & Countermotion FPH01514 – FPH01518 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 13 of 30 1 Exhibit DESCRIPTION 2 3 006 April 30, 2020 Nevada United: Roadmap to Recovery Plan 007 May 7, 2020 Phase One Roadmap to Recovery Plan 008 May 28, 2020 Declaration of Emergency Directive 021 009 July 31, 2020 Declaration of Emergency Directive 029 010 September 30, 2020 Declaration of Emergency Directive 033 011 October 2, 2020 Declaration of Emergency Directive 034 012 Emails Between Ryan Perring, Kevin Gimble, and Ryan Henderson 013 Emails Between Ryan Perring and Steve Gordon 014 October 8, 2019 Notice of Breach of Artist Performance Agreement 015 November 13, 2019 Notice of Breach of Artist Performance Agreement 016 December 3, 2019 Notice of Termination of Artist Performance Agreement 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - BATES Ex. 10 to Response to MSJ & Countermotion FPH01575 – FPH01602 Ex. 11 to Response to MSJ & Countermotion FPH01603 – FPH01611 Ex. 12 to Response to MSJ & Countermotion FPH01631 – FPH01643 Ex. 13 to Response to MSJ & Countermotion FPH01681 – FPH01684 Ex. 14 to Response to MSJ & Countermotion FPH01709 – FPH01717 Ex. 15 to Response to MSJ & Countermotion FPH01718 – FPH01722 Ex. 16 to Response to MSJ & Countermotion RADDON0008080 – RADDON0008096 Ex. F. to MSJ RADDON0002639 – RADDON0002642 Ex. G. to MSJ RADDON0000066 – RADDON0000067 Ex. H. to MSJ FPH01455 – FPH01456 Ex. I. to MSJ FPH01465 Ex. J. to MSJ Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 14 of 30 1 2 Exhibit DESCRIPTION Emails Between Kevin Gimble and Jeffrey Welch 017 3 4 5 018 019 August 30, 2019 Notice of Breach of Artist Performance Agreement Emails Between Jordan Siev and Jeffrey Welch 6 7 020 July 30, 2019 – August 6, 2019 Email Chain Reflecting Schedule Change 021 August 12, 2019 Email from Jon Gray Regarding Proposed 2020 Schedule 022 October 17, 2019 Email from Brent Freed Regarding Mock Schedule 023 October 8-10, 2019 Email Chain Regarding Notice of Breach of Artist Performance Agreement 024 October 22-30, 2019 Email Exchanges Regarding Kaskade Exploring Other Potential Deals 025 UTA Pages Regarding November 2019 – December 2019 Performances 026 UTA Spreadsheet Regarding 2020 Completed and Cancelled Performances 027 Susan Stapleton, Nightclubs and Pool Parties Will Not Reopen When Casinos in Nevada Do, Eater Vegas (May 4, 2020), 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - BATES RADDON0006720 – RADDON0006723 Ex. K to MSJ RADDON0000091 Ex. L. to MSJ RADDON0006992 – RADDON0006994 Ex. M to MSJ RADDON0002027 – RADDON0002033 Ex. 2 to Response to MSJ & Countermotion FPH01723 – FPH01735 Ex. 3 to Response to MSJ & Countermotion FPH01736 – FPH01740 Ex. 4 to Response to MSJ & Countermotion FPH01069 – FPH01070 Ex. 5 to Response to MSJ & Countermotion FPH01292 – FPH01293 Ex. 6 to Response to MSJ & Countermotion RADDON0004676 – RADDON0004677 Ex. 7-1 to Response to MSJ & Countermotion RADDON0011034001 – RADDON0011034002 Ex. 7-2 to Response to MSJ & Countermotion Ex. O to Reply to MSJ Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 15 of 30 1 Exhibit 2 3 028 4 5 6 7 029 030 8 9 031 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 032 033 DESCRIPTION https://vegas.eater.com/2020/5/4/21246453/nightclubs-poolparties-will-not-reopen-casinos-nevada-gaming-control-boardguidelines Jenna Phillips, Reopen Dates: Las Vegas Nightclubs & Pool Parties, Vegas Primer, (last updated November 2, 2020) (last visited November 6, 2020) https://electronic.vegas/news/what-nightclubs-dayclubs-openlas-vegas/ What nightclubs and dayclubs are open in Las Vegas?, Vegas Primer, August 5, 2020, https://vegasprimer.com/covid-19-clubupdate/ When will Las Vegas Nightclubs and Pool Parties Reopen?, (last updated October 18, 2020) (las visited November 6, 2020), https://lasvegasnightclubs.com/articles/coronavirus/# TAO Lounge, Event Calendar for November 20, 2020 (last visited November 16, 2020), https://taolvnc.taogroup.com/event/uv3601321553dt201120/taolounge/ EDM Train, (last visited November 16, 2020), https://edmtrain.com/las-vegas-nv November 22, 2020 Governor Sisolak’s Prepared Remarks Regarding Statewide Pause 13 14 034 November 22, 2020 Nevada Statewide Pause Guidance Matrix 035 November 22, 2020 Nevada Statewide Pause Summary Graphic 036 November 25, 2020 Declaration of Emergency Directive 035 037 Kaos Nightclub at the Palms is closing, (last updated November 5, 2019 9:24 pm) Las Vegas Review Journal, www.reviewjournal.com/business/casinos-gaming/kaosnightclub-at-the-palms-is-closing-1886280/ NYE at Tao Lounge ft. Eric Delux at Tao at the Venetian, Calendar listing for 12/31/2020, www.web.archive.org/web/20201128102648 /https://electronic.vegas/event/nye-tao-vegas-dec-31/ 15 16 17 18 19 20 038 21 22 23 24 25 26 27 040 January 29, 2018 Email from Sarah Scott to Eric Marder, cc Multiple Parties, Regarding Artist Performance Agreement – Kaskade 2019 2020 Draft Artist Performance Agreement with comments 041 Draft Artist Performance Agreement with redline changes 042 February 2, 2018 Email Eric Marder to Sarah Scott, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 039 28 - 15 - BATES Ex. P to Reply to MSJ Ex. Q to Reply to MSJ Ex. R to Reply to MSJ Ex. S to Reply to MSJ Ex. T to Reply to MSJ FPH04034 – FPH04051 Ex. 17 to Reply to Countermotion FPH04052 – FPH04053 Ex. 18 to Reply to Countermotion FPH04055 Ex. 19 to Reply to Countermotion Ex. 20 to Reply to Countermotion FPH00187FPH00194 FPH00195FPH00208 FPH00209FPH00222 FPH00223FPH00231 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 16 of 30 1 2 3 Exhibit DESCRIPTION Draft Artist Performance Agreement 043 044 Draft Artist Performance Agreement with redline changes 045 5 046 February 5, 2018 Email Dominic Chaklos to Eric Marder, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 Draft Artist Performance Agreement with comments 6 047 Draft Artist Performance Agreement with Redline Changes 7 048 049 February 5, 2018 Email Dominic Chaklos to Edward Shapiro, cc Sarah Scott Regarding Artist Performance Agreement – Kaskade 2019 2020 Draft Artist Performance Agreement with comments 10 050 Draft Artist Performance Agreement with Redline Changes 11 051 052 February 6, 2018 Email Dominic Chaklos to Edward Shapiro, Eric Marder cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 Draft Artist Performance Agreement with comments 053 Draft Artist Performance Agreement with Redline Changes 054 Draft Artist Performance Agreement with Redline Changes 055 4 8 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 9 12 13 14 15 21 059 February 5, 2018 Letter John Pasqualotto to Josh Klein Regarding Background Questionnaires February 7, 2018 Email Edward Shapiro to Dominic Chaklos, Eric Marder cc: Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 7, 2018 Email Edward Shapiro to Dominic Chaklos, Eric Marder cc: Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 7, 2018 Email Dominic Chaklos to Edward Shapiro, Eric Marder cc: Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 Draft Artist Performance Agreement 22 060 Draft Artist Performance Agreement with Redline Changes 23 061 Draft Artist Performance Agreement 24 062 February 8, 2018 Email Eric Marder to Dominic Chaklos, Edward Shapiro, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 January 8, 2018 Artist Performance Agreement, signed by Big City Dynasty Corp., Ryan Raddon February 8, 2018 Email Dominic Chaklos to Eric Marder, Edward Shapiro, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 16 056 17 18 19 057 058 20 25 063 26 27 064 28 - 16 - BATES FPH00232FPH00245 FPH00246FPH00259 FPH00260FPH00269 FPH00270FPH00283 FPH00284FPH00298 FPH00299FPH00308 FPH00309FPH00322 FPH00323FPH00337 FPH00338FPH00347 FPH00348FPH00361 FPH00362FPH00375 FPH00376FPH00389 FPH00390FPH00396 FPH00397FPH00407 FPH00408FPH00418 FPH00419FPH00430 FPH00431FPH00444 FPH00445FPH00458 FPH00459FPH00472 FPH00473FPH00485 FPH00486FPH00499 FPH00500FPH00512 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 17 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 Exhibit DESCRIPTION February 8, 2018 Email Dominic Chaklos to Eric Marder, 065 Edward Shapiro, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 8, 2018 Email Eric Marder to Dominic Chaklos cc 066 Dina LaPolt, Edward Shapiro, Sarah Scott Regarding Artist Performance Agreement – Kaskade 2019 2020 Company Background Questionnaire for Big City Dynasty 067 Corp. February 8, 2018 Email Dominic Chaklos to Eric Marder cc 068 Sarah Scott, Dina LaPolt, Edward Shapiro Regarding Artist Performance Agreement – Kaskade 2019 2020 February 8, 2018 Email Dominic Chaklos to Eric Marder cc 069 Sarah Scott, Dina LaPolt, Edward Shapiro Regarding Artist Performance Agreement – Kaskade 2019 2020 February 14, 2018 Email Edward Shapiro to Eric Marder, 070 Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 14, 2018 Email Edward Shapiro to Eric Marder, 071 Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 14, 2018 Email Sarah Scott to Edward Shapiro cc 072 Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 14, 2018 Email Sarah Scott to Edward Shapiro cc 073 Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 15, 2018 Email Dominic Chaklos to Edward Shapiro 074 cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 January 8, 2018 Artist Performance Agreement, fully executed 075 076 18 19 20 077 078 21 22 23 079 080 24 25 26 27 081 082 February 15, 2018 Email Edward Shapiro to Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 15, 2018 Email Jeffrey Welch to Edward Shapiro, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 15, 2018 Email Edward Shapiro to Jeffrey Welch, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 15, 2018 Email Dominic Chaklos to Edward Shapiro, cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 15, 2018 Email Dominic Chaklos to Edward Shapiro cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 21, 2018 Email Edward Shapiro to Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 February 21, 2018 Email Josh Klein to Edward Shapiro, Jeffrey Welch, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 28 - 17 - BATES FPH00513FPH00525 FPH00526FPH00539 FPH00540FPH00549 FPH00550FPH00563 FPH00564FPH00577 FPH00578FPH00590 FPH00591FPH00603 FPH00604FPH00616 FPH00617FPH00629 FPH00630FPH00643 FPH00644FPH00657 FPH00658FPH00670 FPH00671FPH00683 FPH00684FPH00696 FPH00699FPH00713 FPH00714FPH00728 FPH00729FPH00741 FPH00742FPH00754 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 18 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit DESCRIPTION W-9 for Big City Dynasty Corporation 083 Invoice # 0221185, Big City Dynasty Corporation to FP 084 Holdings for $2,250,00, 25% Advance for 2019 Las Vegas Residency March 1, 2018 Email Edward Shapiro to Josh Klein, Jeffrey 085 Welch, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 March 1, 2018 Email Jeffrey Welch to Edward Shapiro, Josh 086 Klein, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 March 1, 2018 Email Jeffrey Welch to Edward Shapiro, Josh 087 Klein, Dominic Chaklos cc Multiple Parties Regarding Artist Performance Agreement – Kaskade 2019 2020 (2) BATES FPH00755 FPH00756 FPH00757FPH00770 FPH00771FPH00784 FPH00785FPH00798 Defendant’s exhibits. Exhibit DESCRIPTION Artist Performance Agreement (Exhibit E to Plaintiffs' 501 MSJ) Emails Between Ryan Perring, Kevin Gimble, and Ryan 502 Henderson (Exhibit F to Plaintiffs' MSJ) Emails Between Ryan Perring and Steve Gordon (Exhibit 503 G to Plaintiffs' MSJ) October 8, 2019 Notice of Breach of Artist Performance 504 Agreement (Exhibit H to Plaintiffs' MSJ) November 13, 2019 Notice of Breach of Artist 505 Performance Agreement (Exhibit I to Plaintiffs' MSJ) December 3, 2019 Notice of Termination of Artist 506 Performance Agreement (Exhibit J to Plaintiffs' MSJ) Emails Between Kevin Gimble and Jeffrey Welch 507 (Exhibit K to Plaintiffs' MSJ) August 30, 2019 Notice of Breach of Artist Performance 508 Agreement (Exhibit L to Plaintiffs' MSJ) Emails Between Jordan Siev and Jeffrey Welch (Exhibit 509 M to Plaintiffs' MSJ) 01/08/18 Palms Resort Casino Artist Performance 510 Agreement (Exhibit 1to FPH's Response) 07/30/19 - 08/6/19 Email Chain Reflecting Schedule 511 Change (Exhibit 2 to FPH's Response) 08/12/19 Email from Jon Gray Regarding Proposed 2020 512 Schedule (Exhibit 3 to FPH's Response) 10/17/19 Email from Brent Freed Regarding Mock 513 Schedule (Exhibit 4 to FPH's Response) 10/08/19 - 10/10/19 Email Chain Regarding Notice of 514 Breach of Artist Performance Agreement (Exhibit 5 to FPH Response) 10/22/19 - 10/30/19 Email Exchanges Regarding Kaskade 515 Exploring Other Potential Deals (Exhibit 6 to FPH's Response) UTA Pages Regarding 11/2019 - 12/2019 Performances 516 (Exhibit 7-1 to FPH's Response) - 18 - BATES RADDON0003275– RADDON0003288 RADDON0008080RADDON0008096 RADDON0002639RADDON0002642 RADDON0000066RADDON0000067 FPH01455-FPH01456 FPH01465-FPH01465 RADDON006720RADDON006723 RADDON0000091RADDON0000091 RADDON0006992RADDON0006994 1-14 RADDON0002027RADDON0002033 FPH01723-FPH01735 FPH01736-FPH01740 FPH01069-FPH01070 FPH01292-FPH01293 RADDON0004676RADDON0004677 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 19 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Exhibit DESCRIPTION UTA Spreadsheet Regarding 2020 Completed and 517 Canceled Performances (Exhibit 7-2 to FPH's Response) 3/12/20 Declaration of Emergency for Covid 19 (Exhibit 518 8 to FPH's Response) 3/18/20 Declaration of Emergency Directive 002 (Exhibit 519 9 to FPH's Response) 3/20/20 Declaration of Emergency for COVID 19 520 Directive 003 (Exhibit 10 to FPH's Response) 4/30/20 Nevada United Roadmap to Recovery (Exhibit 11 521 to FPH's Response) 5/7/20 Declaration of Emergency Directive 018 (Exhibit 522 12 to FPH's Response) 5/28/20 Declaration of Emergency Directive 021 (Exhibit 523 13 to FPH's Response) 7/31/20 Declaration of Emergency Directive 029 (Exhibit 524 14 to FPH's Response) 9/30/20 Declaration of Emergency Directive 033 (Exhibit 525 15 to FPH's Response) 10/2/20 Declaration of Emergency Directive 034 (Exhibit 526 16 to FPH's Response) 5/4/20 Eater Vegas Article " Nightclubs and Pool Parties 527 Will Not Reopen When Casinos in Nevada Do" (Exhibit O to Plaintiffs' Reply) Vegas Primer Article "Reopen Dates: Las Vegas 528 Nightclubs & Pool Parties" (Exhibit P to Plaintiffs' Reply) 8/5/20 Article "What Nightclubs and Dayclubs are Open 529 in Las Vegas?" (Exhibit Q to Plaintiffs' Reply) Article "When Will Las Vegas Nightclubs and Pool 530 Parties Reopen?" (Exhibit R to Plaintiffs' Reply) TAO Lounge, Event Calendar for 11/20/20 (Exhibit S to 531 Plaintiffs' Reply) EDM Train (Exhibit T to Plaintiffs' Reply) 532 11/22/20 Governor Sisolak's Prepared Remarks (Exhibit 533 17 to FPH's Reply) 11/22/18 Nevada Statewide Pause Guidance Matrix 534 (Exhibit 18 to FPH's Reply) 11/22/20 Nevada Statewide Pause Summary Graphic 535 (Exhibit 19 to FPH's Reply) 11/25/20 Declaration of Emergency Directive 035 536 (Exhibit 20 to FPH's Reply) 1/29/18 Email Chain Between Sarah Scott and Eric 537 Marder re: Kaskade Residency Agreement Redline Artist Performance Agreement (Redline) (Attachment to 538 Exhibit 537 Email) 2/2/18 Email Chain Between Eric Marder and Sarash 539 Scott re Kaskade 2019 2020 Artist Performance Agreement Artist Performance Agreement PDF Attachment to 540 Exhibit 539 Email 12/6/19 Email Between Shaun Cooney and Brent Freed re 541 KAOS Talent Update As of Dec 6 28 - 19 - BATES RADDON0011034_001 RADDON0011034_002 FPH01490-FPH01492 FPH01508-FPH01510 FPH01514-FPH01518 FPH01575-FPH01602 FPH01603-FPH01611 FPH01631-FPH01643 FPH01681-FPH01684 FPH01709-FPH01717 FPH01718-FPH01722 5-8 9-21 22-23 24-28 29-31 32-34 FPH04034-FPH04051 FPH04052-FPH04053 FPH04055-FPH04055 148-155 FPH00187-FPH00194 FPH00195-FPH00208 FPH00223-FPH00231 FPH00232-FPH00245 FPH02020 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 20 of 30 1 2 3 4 5 6 7 8 9 10 Exhibit DESCRIPTION 10/17/19 Email re Talent Update 542 2019 Competitive Calendar Attachment to Exhibit 542 543 Email 2020 Mock Calendar Attachment to Exhibit 542 Email 544 2019 Talent Plan attachment to Exhibit 542 Email 545 November 2019 Calendar Plan attachment to Exhibit 542 546 Email December 2019 Calendar Plan attachment to Exhibit 542 547 Email 9/18/19 Email re Talent Schedules from Jon Gray 548 KAOS 2019 Q4 Proforma attachment to Exhibit 548 549 Email KAOS 2020 Q4 Proforma attachment to Exhibit 548 550 Email 8/12/19 Email from Jon Gray re Proposed 2020 Schedule 551 Proposed 2020 Schedule attachment to Exhibit 551 552 Email* L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 553 554 16 17 555 18 556 19 557 20 558 559 560 561 562 563 21 22 23 24 25 564 565 26 566 567 27 568 *While preparing this list of exhibits, FP learned that the native file of this document contains fields that were not previously produced; FP will supplement its production with the full document (excluding the financial information related to other DJs) 9/23/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction 10/3/19 1/26/20 Schedule 9/23/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction 9/15/19 10/27/19 Schedule 9/23/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction 9/20/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction Calendar of Confirmed Shows April 2019 - January 2020 attachment to Exhibit 556 Email 9/18/19 Email re KAOS Invoice Independent Contractor Determination Form IRS CP575A form for MBXCorp, Inc. Station Casinos Vendor Profile Form IRS W-9 Form for MBXCORP, Inc. Invoice to KAOS Nightclub re KASKADE (Invoice PAL91119) dated 9/11/19 8/12/19 Email re DOR 8/11/19 Abbreviated DOR for nightclub operations from 8/11/19 attachment to Exhibit 564 Email 7/28/19 Email re DOR 7/27/19 KAOS Abbreviated Nightclub DOR 7/27/19 attachment to Exhibit 566 Email 7/21/19 Email re DOR 7/20/19 28 - 20 - BATES FPH01736 FPH01737 FPH01738-FPH01740 FPH01741-FPH01742 FPH01743 FPH01744 FPH01854 FPH01855_0001FPH01855_0228 FPH01856_0001FPH01856_0228 FPH01723 FPH01724-FPH01735 FPH01906-FPH01911 FPH01901-FPH01905 FPH01897-FPH01900 FPH01874-FPH01876 FPH01877-FPH01886 FPH01018 FPH01019-FPH01020 FPH01022-FPH01024 FPH01026-FPH01027 FPH01029-FPH01034 FPH01036 FPH01824 FPH01825 FPH01816-FPH01817 FPH01818 FPH01812-FPH01813 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 21 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 Exhibit DESCRIPTION KAOS Abbreviated Nightclub DOR 7/20/19 attachment 569 to Exhibit 568 Email 7/7/19 Email re DOR 7/6/19 570 KAOS Abbreviated Dayclub DOR 7/6/19 attachment to 571 Exhibit 570 Email (FPH01811).pdf 7/6/19 Email re DOR 7/5/19 572 KAOS Abbreviated Nightclub DOR 7/5/19 attachment to 573 Exhibit 572 Email 7/1/19 Email re DOR 6/30/19 574 KAOS Nightclub DOR 6/30/19 attachment to Exhibit 574 575 Email KAOS Dayclub DOR 6/30/19 attachment to Exhibit 574 576 Email KAOS Dayclub daily DOR 6/30/19 attachment to Exhibit 577 574 Email 6/7/19 Email re KAOS Break Evens 578 KAOS dayclub/nightclub forecast spreadsheets 579 attachment to Exhibit 578 Email 6/7/19 Email re Trends 580 Updated rmc ym.xlx attachment to Exhibit 580 Email 581 582 583 15 584 585 16 586 17 587 588 18 19 20 21 22 23 24 589 590 591 592 593 594 25 595 26 596 597 27 598 6/7/19 Email re KAOS Break Evens June KAOS break-evens spreadsheets attachment to Exhibit 582 Email 5/6/19 Email re DOR 5/5/2019 May Nightclub DOR 5/5/19 attachment to Exhibit 584 Email May Dayclub DOR 5/5/19 attachment to Exhibit 584 Email 4/23/19 Email re DOR 4/19/19 April nightclub DOR 4/19/19 attachment to Exhibit 587 Email April dayclub DOR 4/19/19 attachment to Exhibit 587 Email 4/16/19 Email Revised DOR Week Ending 4/14 dayclub/nightclub Nightclub DOR 4/11/19 - 4/14/19 attachment to Exhibit 590 Email Dayclub DOR 4/12/19 - 4/14/19 attachment to Exhibit 590 Email 10/7/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction 9/19/19 Email re KAOS Announced Scheduled Shows Canceled Because of Dome Construction August 2019 - December 2019 Performance Calendar attachment to Exhibit 594 Email 8/13/19 Email re DOR 8/11/19 DOR Short Nightclub 8/11/19 attachment to exhibit 596 Email 8/24/19 Email re DOR 8/23/19 28 - 21 - BATES FPH01814 FPH01808-FPH01809 FPH01811 FPH01801 FPH01802 FPH01795-FPH01796 FPH01797_0001FPH01797_0080 FPH01798_0001FPH01798_0069 FPH01800 FPH01791-FPH01793 FPH01794_0001FPH01794_0079 FPH01789-FPH01789 FPH01790_0001FPH01790_0028 FPH01784-FPH01785 FPH01786_0001FPH01786_0012 FPH01781FPH01782 FPH01783 FPH01778 FPH01779 FPH01780 FPH01773 FPH01774_0001FPH01774_0018 FPH01775_0001FPH01775_0017 FPH01918-FPH01924 FPH01861-FPH01862 FPH01863-FPH01867 FPH01827 FPH01828 FPH01836 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 22 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 Exhibit DESCRIPTION DOR Short Nightclub 8.23.19 attachment to Exhibit 598 599 Email 4/22/19 Email re Updated Entertainment Summary 600 Palms Entertainment Summary list attachment to Exhibit 601 600 Email 10/30/19 Email re Kaskade/Palms between Jeff Welch 602 and Edward Shapiro 10/22/19 Email re Kaskade/Palms between Jordan Siev 603 and Jeff Welch 10/22/19 Email re Kaskade/Palms between Jordan Siev 604 and Jeff Welch 10/22/19 Email re Kaskade/Palms between Jordan Siev 605 and Jeff Welch 9/3/2019 Email re Ryan Raddon between J.Welch and K. 606 Gimble KAOS nightclub/dayclub DOR 4/2019 - 8/2019 607 608 609 610 13 14 611 15 612 16 613 17 614 18 615 616 19 20 21 22 23 24 25 26 27 617 618 619 620 621 622 623 624 625 626 8/22/19 Email Chain re Kaskade/Palms between K. Gimble and E. Shapiro Slideshow of Kaskade KAOS show design concepts Kaskade Summer Content 2019 Invoice from MBXCORP, INC. to Kaskade Music (Invoice No. KAS91119) 9/11/19 6/29/19 Email chain re Las Vegas between Ryan Raddon and Ryan Henderson and Kaskade team 11/11/2019 Email re Kaskade 2020 between Sarah Rountree and K. Gimble 8/12/19 Email re Kaskade Invoice 4.7 between Monarch Business & Wealth and Palms 11/11/19 Email re Update 11/10 Kaskade Show Dates 2019 & 2020 12/18/19 Email re Kaskade October Statement Kaskade October Statement attachment to Exhibit 615 Email 4/23/19 Email re PALMS day club stage 7/11/19 Email re Studio Institute x KAOS 4/24/19 Email re Kaskade Redux at CRSSD 9/17/19 Email re Kaskade One Sheet October 2019 Oct 2019 Kaskade One Sheet attachment to Exhibit 620 Email 1/25/20 Email re KAOS Update 6/24/19 Email from Ryan Raddon re Las Vegas Redux Show 1/28/20 Email re 2019 Settlement UTA 2019 Statements attachment to Exhibit 624 Email BLK MATTER LTD. Invoice (#000055) dated 1/21/20 to Kaskade Music LLC 28 - 22 - BATES FPH01837 FPH01776 FPH01777_0001FPH01777_0063 FPH01292-FPH01293 FPH01290-FPH01291 FPH01287 FPH01288-FPH01289 FPH00967-FPH00970 FPH01745_0001FPH01745_0004 RADDON0001194RADDON0001196 RADDON0003525RADDON0003548 RADDON0005082 RADDON0001977RADDON0001988 RADDON0002000RADDON0002001 RADDON0002002RADDON0002005 RADDON0002020RADDON0002026 RADDON0002276 RADDON0002277 RADDON0003264 RADDON0003524 RADDON0003872 RADDON0003928RADDON0003954 RADDON0003955 RADDON0003969 RADDON0004024 RADDON0004665 RADDON0004666RADDON0004677 RADDON0004679 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 23 of 30 1 2 3 4 5 631 8/24/19 Email re Resorts World from Ryan Raddon 7 632 633 8 634 9 635 10 636 11 637 12 638 5/19/20 Email re Contract Kaskade 5/25/19 KAOS UTA Agreement between Big City Dynasty Corp and FP Holdings (Contract #1034342) 11/1/2019 Email re Kaskade Announcement confirming 2019 dates between K.Gimble and J.Siev, J. Welch 5/14/19 Email re Kaskade 5/25/19 KAOS nightclub confirming KAOS cancellation for $300k 9/19/19 Email re Ryan Raddon rescheduling between K.Gimble and J.Welch. 11/1/2019 Email re Ryan Raddon rescheduling between J.Siev and J.Welch 4/8/19 Email re Vegas Pool Show from Loren Cronk 13 639 4/8/19 Email re Vegas Pool Show from Alex Vicente 14 640 4/9/19 Email re Vegas Pool Show from Matthew Miera 15 641 Feb - Mar 2020 Itinerary Information for Raddon 16 642 2/20/20 Email re Experience Vita Motus Design Studio 17 643 18 644 19 645 20 646 21 647 22 648 23 649 24 650 11/15/19 Email re Kaskade 2020 Live Show Rehearsal from Raddon 11/11/19 Email re Update 11/10 Kaskade Show Dates 2019 & 2020 2/6/20 Email re Kaskade confirmed booking for 2020 from Jodi Nelson 1/21/20 Email re KASKADE OFFER Escapade Ottawa 2020 from K. Gimble Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 1/8/19 Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 3/1/18 Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 4/22/19 Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 4/24/19 Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 5/8/19 Bank of America - Payment Details Report between Station Casinos to Big City Dynasty Corp dated 5/16/19 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 6 Snell & Wilmer Exhibit DESCRIPTION Kaskade January 2019 to December 2019 Touring 627 Commissions spreadsheets 6/28/19 Email re Las Vegas Show plans from Ryan 628 Raddon 9/12/19 Email re Summer Invoice from Mike Burakoff 629 5/20/19 Email re Kaskade KAOS Assets Approval 5/19 630 25 26 27 651 652 28 - 23 - BATES RADDON0004681RADDON0004682 RADDON0004741RADDON0004742 RADDON0005081 RADDON0005977RADDON0005980 RADDON0006117RADDON0006137 RADDON0006174 RADDON0006175RADDON0006179 RADDON0006203RADDON0006208 RADDON0006372 RADDON0006847RADDON0006852 RADDON0007212RADDON0007226 RADDON0007372RADDON0007373 RADDON0008078RADDON0008079 RADDON0008704RADDON0008706 RADDON0010712RADDON0010714 RADDON0010717RADDON0010734 RADDON0010839RADDON0010841 RADDON0010987RADDON0010995 RADDON0011007RADDON0011008 RADDON0011025RADDON0011026 FPH02025-FPH02033 FPH02034-FPH02045 FPH02046-FPH02056 FPH02057-FPH02062 FPH02063-FPH02071 FPH02072-FPH02081 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 24 of 30 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit DESCRIPTION Bank of America - Payment Details Report between 653 Station Casinos to Big City Dynasty Corp dated 5/22/19 Bank of America - Payment Details Report between 654 Station Casinos to Big City Dynasty Corp dated 6/3/19 Bank of America - Payment Details Report between 655 Station Casinos to Big City Dynasty Corp dated 6/7/19 Bank of America - Payment Details Report between 656 Station Casinos to Big City Dynasty Corp dated 6/12/19 Bank of America - Payment Details Report between 657 Station Casinos to Big City Dynasty Corp dated 6/26/19 Bank of America - Payment Details Report between 658 Station Casinos to Big City Dynasty Corp dated 7/3/19 Bank of America - Payment Details Report between 659 Station Casinos to Big City Dynasty Corp dated 7/9/19 Bank of America - Payment Details Report between 660 Station Casinos to Big City Dynasty Corp dated 7/24/19 Bank of America - Payment Details Report between 661 Station Casinos to Big City Dynasty Corp dated 8/5/19 Bank of America - Payment Details Report between 662 Station Casinos to Big City Dynasty Corp dated 8/20/19 Bank of America - Payment Details Report between 663 Station Casinos to Big City Dynasty Corp dated 8/29/19 Bank of America - Payment Details Report between 664 Station Casinos to Big City Dynasty Corp dated 9/20/19 Bank of America - Payment Details Report between 665 Station Casinos to Big City Dynasty Corp dated 10/10/19 Bank of America - Payment Details Report between 666 Station Casinos to Big City Dynasty Corp dated 10/15/19 Bank of America - Payment Details Report between 667 Station Casinos to Big City Dynasty Corp dated 10/17/19 Bank of America - Payment Details Report between 668 Station Casinos to Big City Dynasty Corp dated 10/30/19 1/10/19 Email chain from Ryan Henderson to Ryan 669 Perrings re: Kaskade Announcement 1/10/19 Email chain from Ryan Henderson to Kevin 670 Gimble re: Kaskade Announcement 1/12/19 Email chain from Kevin Gimble to Ryan Perrings 671 re: Kaskade Announcement 11/11/19 Email chain from Sarah Rountree to Kevin 672 Gimble re: Kaskade 2020 1/27/10 Email from Ryan Raddon to Sean Guarino re: 673 KAOS Update 12/5/19 Email from Ryan Raddon to Loren Cronk re: 674 Sacramento Selects Photo attachments for Exhibit #674 Email “Sacramento 675 Selects” 11/12/19 Email from Ryan Raddon to Sam Metzger re: 676 LA Photo attachments for Exhibit #676 Email “LA” 677 678 Second 11/12/19 Email from Ryan Raddon to Sam Metzger re: LA - 24 - BATES FPH02082-FPH02089 FPH02090-FPH02097 FPH02098-FPH02105 FPH02106-FPH02114 FPH02115-FPH02124 FPH02125-FPH02133 FPH02134-FPH02143 FPH02144-FPH02153 FPH02154-FPH02162 FPH02163-FPH02172 FPH02173-FPH02181 FPH02182-FPH02189 FPH02190-FPH02209 FPH02210-FPH02215 FPH02216-FPH02226 FPH02227-FPH02237 RADDON0008194RADDON0008207 RADDON0008604RADDON0008618 RADDON0008687RADDON0008703 RADDON0010706RADDON0010708 RADDON0010716 RADDON0010750 RADDON0010751RADDON0010793 RADDON0010814 RADDON0010815RADDON0010819 RADDON0010837 Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 25 of 30 1 2 3 4 5 6 7 8 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 9 Exhibit DESCRIPTION Photo attachment for Exhibit #678 Email “LA” 679 11/25/19 Email from Ryan Raddon to Sean Guarino re 680 KASKADE 2020 Live Show Rehearsal 1/16/20 Email chain from Sarah Rountree to Connor 681 Morgan re: Kaskade Connecting Kaskade One Sheet attachment to Exhibit #681 Email 682 11/10/19 Email from Sarah Rountree re: UPDATE 11/10 683 Kaskade Show dated 2019 & 2020 2/4/20 Email from UTA to Ryan Henderson re: Kaskade 684 2020 Confirmed Updates 2/6/20 Email from UTA to Ryan Henderson re: Kaskade 685 2020 Marketing & Confirmed Shows Grid 2/5/20 Email from Ryan Henderson to Jodi Call re: 686 Kaskade Spreadsheet of Kaskade:2019 Confirmed Shows (UTA) 687 10 688 Spreadsheet of Kaskade:2020 Confirmed Shows (UTA) 11 689 12 690 13 691 10/14/20 Email chain between UTA and TAO Group re: Kaskade @ TAO 10/14/20 Email chain between UTA and TAO Group re: Kaskade March 15, 2021 Nevada’s Roadmap to Recovery (Transition Plan) BATES RADDON0010838 RADDON0010968RADDON0010972 RADDON0010982RADDON0010985 RADDON0010986 RADDON0010996RADDON0011003 RADDON0011011RADDON0011013 RADDON0011014RADDON0011015 RADDON0011016 RADDON0011033_0001RADDON0011033_0003 RADDON0011034_0001RADDON0011034_0002 RADDON011036RADDON011042 RADDON0011043RADDON0011046 n/a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (b) As to the following exhibits, the party against whom the same will be offered objects to their admission on the grounds stated: (1) [Set forth the plaintiff’s exhibits and objections to them.] See below. (2) [Set forth the defendant’s exhibits and objections to them.] See below. (3) Joint Reservations In addition to the party-specific reservations described above, the parties jointly agree to the following reservations of rights: First, each party reserves the right to use an exhibit from another party’s exhibit list. Second, the parties agree that the inclusion of an exhibit on one party’s list does not waive that party’s right to object to the other party’s use 28 - 25 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 26 of 30 1 of the same document. For example, Defendant might introduce a document 2 that is a party admission by Plaintiff, but may object to Plaintiff’s use of the 3 same document. 4 Third, in addition to the exhibits identified on their respective 5 exhibits lists, the parties reserve their respective rights to use demonstrative 6 exhibits, aids, charts, graphs, and other presentations at trial. The parties 7 shall exchange demonstrative exhibits on or before 60 days before trial. 8 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 9 (4) Objections 10 The parties are continuing to meet and confer in good faith regarding 11 their objections and stipulations to exhibits. The parties will also meet and 12 confer to remove duplicate exhibits prior to trial. The parties’ objections and 13 14 stipulations are subject to the reservations below: First, the parties reserve their respective rights to object to all exhibits 15 16 17 18 19 20 21 that have not been produced or sufficiently identified on the parties’ exhibit lists and/or in their respective Initial Disclosures and supplements thereto. Second, the parties reserve their respective rights to object at trial to all photographic, demonstrative, and/or physical exhibits. Third, by objecting to certain exhibits, the parties do not waive their respective rights to introduce the same exhibits at trial. For example, certain 22 exhibits on one party’s list might be inadmissible hearsay if introduced by 23 24 25 that party, but may be admissible as party admissions if offered against the other party. 26 27 28 - 26 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 27 of 30 1 Fourth, the parties reserve their respective rights to object to exhibits, 2 including stipulated exhibits, that are not facially objectionable but are 3 introduced in an objectionable manner at trial. 4 5 (c) Electronic evidence: None 6 (d) Depositions: 7 (1) Plaintiff will offer the following depositions: Not applicable. 8 (2) Defendant will offer the following depositions: Not applicable. (e) 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 (1) Defendants object to plaintiff’s depositions as follows: Not (2) Plaintiff objects to defendants’ depositions as follows: Not applicable. 12 13 Objections to Depositions: applicable. VIII. 14 15 The following witnesses may be called by the parties at trial: 16 (a) 17 The following is a list of witnesses that Plaintiffs currently anticipate they may seek to call 18 at trial in court. Plaintiffs reserve the right to supplement or amend this list or call anyone from 19 Defendant’s list. 20 Provide names and addresses of Plaintiffs’ witnesses: 1. Ryan Raddon c/o Snell & Wilmer L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: 702-784-5200 2. Ryan Henderson c/o Snell & Wilmer L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: 702-784-5200 21 22 23 24 25 26 27 28 - 27 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 28 of 30 1 3. Kevin Gimble United Talent Agency 9336 Civic Center Drive Beverly Hills, CA 90210 Telephone Unknown 4. Jeffrey Welch FP Holdings, L.P. c/o Campbell & Williams 710 South Seventh Street Las Vegas, NV 89101 Telephone: 702-382-5222 5. Ed Shapiro c/o Reed Smith LLP 599 Lexington Avenue, 22nd Floor New York, NY 10022 Telephone: (212) 521-5400 6. Noah Tepperberg 101 West 12th Street New York, NY 10011 (212) 645-4494 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 12 13 (b) Provide names and addresses of Defendant’s witnesses: 14 15 The following is a list of witnesses that Defendant currently anticipates it may seek to call 16 at trial in court. Defendant reserves the right to supplement or amend this list or call anyone from 17 Plaintiff’s list. 18 19 1. Ryan Raddon c/o Snell & Wilmer L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: 702-784-5200 2. FRCP 30(b)(6) Witness for Big City Dynasty Corp. c/o Snell & Wilmer L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: 702-784-5200 3. Jeffrey Welch FP Holdings, L.P. c/o Campbell & Williams 710 South Seventh Street Las Vegas, NV 89101 Telephone: 702-382-5222 20 21 22 23 24 25 26 27 28 - 28 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 29 of 30 1 4. Stephen Cootey FP Holdings, L.P. c/o Campbell & Williams 710 South Seventh Street Las Vegas, NV 89101 Telephone: 702-382-5222 5. FRCP 30(b)(6) Witness for FP Holdings, L.P. c/o Campbell & Williams 710 South Seventh Street Las Vegas, NV 89101 Telephone: 702-382-5222 2 3 4 5 6 7 All parties reserve the right to object to any witnesses who were not sufficiently identified 8 9 in their respective Initial Disclosures or supplements thereto. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 10 IX. 11 The attorneys or parties have met and jointly offer these three trial dates: 12 Dates: November 15–19, 2021; December 6–10, 2021; December 13–17, 2021. 13 It is expressly understood by the undersigned that the court will set the trial of this matter 14 on one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the 15 court’s calendar. 16 17 X. It is estimated that the Court trial herein will take a total of 5 trial days. 18 19 20 XI. There are no pending motions in limine, but the parties reserve their rights to file the same consistent with LR II 16-3(a). 21 22 23 24 25 26 27 28 - 29 - Case 2:19-cv-02078-APG-NJK Document 76 Filed 08/03/21 Page 30 of 30 1 APPROVED AS TO FORM AND CONTENT. 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Snell & Wilmer 11 Dated: July 23, 2021 Dated: July 23, 2021 SNELL & WILMER L.L.P. CAMPBELL & WILLIAMS By: /s/ Aleem A. Dhalla By: /s/ J. Colby Williams Alex L. Fugazzi, Esq. (Nevada Bar #9022) Donald J. Campbell, Esq. (1216) Aleem A. Dhalla, Esq. (Nevada Bar #14188) J. Colby Williams, Esq. (5549) 3883 Howard Hughes Parkway, Suite 1100 Philip R. Erwin, Esq. (11563) Las Vegas, Nevada 89169 Samuel R. Mirkovich, Esq. (11662) 710 South Seventh Street REED SMITH LLP Las Vegas, Nevada 89101 Jordan W. Siev, Esq. (Pro Hac Vice) John P. Kennedy, Esq. (Pro Hac Vice) Attorneys for Defendant 599 Lexington Avenue, 22nd Floor FP Holdings, L.P. New York, NY 10022 Attorneys for Plaintiffs 12 13 XI. 14 ACTION BY THE COURT 15 This case is set down for court trial on November 15, 2021, at 9:00 a.m. Calendar call 16 shall be held on November 9, 2021, at 8:45 a.m. by videoconference. This pretrial order has been 17 approved by the parties to this action as evidenced by their signatures or the signatures of their 18 attorneys hereon, and the order is hereby entered and will govern the trial of this case. This order 19 may not be amended except by court order and based upon the parties’ agreement or to prevent 20 manifest injustice. 21 DATED: August 3, 2021 __________________________________________ 22 United States District Judge 23 24 NOTICE: Due to the unusually large number of complex criminal cases set for lengthy trials 25 before this Court, civil trials may possibly be held in a trailing status for months or be assigned to 26 another District Court Judge for trial. Therefore, the Court strongly urges the parties to consider 27 their option to proceed before a Magistrate Judge pursuant to Local Rule IB 2-2, in accordance 28 with 28 USC Section 636 and FRCP 73. - 30 -
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