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Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 1 of 16 PageID: 2587 STAYED United States District Court District of Nevada (Las Vegas) CIVIL DOCKET FOR CASE #: 2:20−cv−01592−GMN−BNW

Marina District Development Company, LLC v. AC Ocean Walk, LLC et Date Filed: 08/27/2020 al Jury Demand: None Assigned to: Judge Gloria M. Navarro Nature of Suit: 890 Other Statutory Actions Referred to: Magistrate Judge Brenda Weksler Jurisdiction: Federal Question Cause: 18:1836(a) Injunction against Misappropriation of Trade Secrets Plaintiff Marina District Development Company, represented by John M. Nolan , III LLC Three Parkway doing business as 1601 Cherry Street, Suite 1350 Borgata Hotel Casino & Spa Philadelphia, PA 19102 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Paul T. Trimmer Jackson Lewis P.C. Bank of America Plaza 300 South Fourth Street, Suite 900 Las Vegas, NV 89101 (702) 921−2460 Fax: (702) 921−2461 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua A Sliker Jackson Lewis P.C. 300 S. Fourth Street Suite 900 Las Vegas, NV 89101 7029212460 Fax: 7029212461 Email: [email protected] ATTORNEY TO BE NOTICED

V. Defendant AC Ocean Walk, LLC represented by I. Scott Bogatz doing business as Reid Rubinstein and Bogatz Ocean Casino Resort 300 South 4th St., Ste. 830 Las Vegas, NV 89101 702−776−7000 Fax: 702−776−7900 Email: [email protected] LEAD ATTORNEY Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 2 of 16 PageID: 2588 ATTORNEY TO BE NOTICED

Jeremy Kolman BlankRome One Logan Square 130 North 18th Street Philadelphia, PA 19103 215−569−5615 Fax: 215−832−5615 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kerry Elizabeth Kleiman Reid Rubinstein & Bogatz 300 South 4th St., Ste. 830 Las Vegas, NV 89101 702−776−7002 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leigh Ann Buziak Blank Rome 130 North 18th Street Philadelphia, PA 19103 215−569−5386 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Michael Stoolman Blank Rome LLP One Logan Sqaure 130 North 18th Street Philadelphia, PA 19103 215−569−5500 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Charles S. Marion Blank Rome LLP One Logan Square 130 North 18th Street Philadelphia, PA 19103 215−569−5615 Fax: 215−832−5615 ATTORNEY TO BE NOTICED

Defendant Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 3 of 16 PageID: 2589 William Callahan represented by I. Scott Bogatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy Kolman (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kerry Elizabeth Kleiman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leigh Ann Buziak (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant Kelly Ashman Burke represented by I. Scott Bogatz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy Kolman (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kerry Elizabeth Kleiman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leigh Ann Buziak (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/27/2020 Ï 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) Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 4 of 16 PageID: 2590 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. (Entered: 08/27/2020)

08/27/2020 Ï 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) (Entered: 08/27/2020)

08/27/2020 Ï Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Brenda Weksler. ***Emergency motion previously filed in case.*** (MR) (Entered: 08/28/2020)

08/28/2020 Ï 3 Summons Issued as to All Defendants re 1 Complaint. (MR) (Entered: 08/28/2020)

08/28/2020 Ï 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) (Entered: 08/28/2020)

08/28/2020 Ï 5 CERTIFICATE OF SERVICE for 2 Motion for TRO, by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 08/28/2020)

08/28/2020 Ï 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) (Entered: 08/28/2020)

08/28/2020 Ï 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) (Entered: 08/28/2020)

08/28/2020 Ï 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) (Entered: 08/28/2020)

08/31/2020 Ï 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) (Entered: 08/31/2020) Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 5 of 16 PageID: 2591 09/01/2020 Ï 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). (Entered: 09/01/2020)

09/03/2020 Ï 11 MOTION to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 09/03/2020)

09/03/2020 Ï 14 CERTIFICATE OF SERVICE for 11 Motion to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 09/03/2020)

09/05/2020 Ï 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) (Entered: 09/05/2020)

09/06/2020 Ï 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) (Entered: 09/06/2020)

09/06/2020 Ï 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) (Entered: 09/06/2020)

09/06/2020 Ï 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. (Entered: 09/06/2020)

09/08/2020 Ï 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) (Entered: 09/08/2020)

09/08/2020 Ï 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) (Entered: 09/08/2020)

09/08/2020 Ï 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/8/2020. Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 6 of 16 PageID: 2592 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) (Entered: 09/08/2020)

09/08/2020 Ï 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) (Entered: 09/08/2020)

09/08/2020 Ï 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) (Entered: 09/08/2020)

09/08/2020 Ï 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 [email protected] 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) (Entered: 09/08/2020)

09/09/2020 Ï 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) (Entered: 09/09/2020)

09/09/2020 Ï 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) (Entered: 09/09/2020)

09/09/2020 Ï 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) (Entered: 09/09/2020)

09/10/2020 Ï 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) (Entered: 09/10/2020)

09/10/2020 Ï 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. Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 7 of 16 PageID: 2593 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). (Entered: 09/11/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/14/2020)

09/14/2020 Ï 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) (Entered: 09/15/2020)

09/15/2020 Ï 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 Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 8 of 16 PageID: 2594 0978−6170895) by Defendant AC Ocean Walk, LLC. (Kleiman, Kerry) (Entered: 09/15/2020)

09/15/2020 Ï 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) (Entered: 09/15/2020)

09/15/2020 Ï 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) (Entered: 09/16/2020)

09/15/2020 Ï 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) (Entered: 09/16/2020)

09/15/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/16/2020 Ï 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) (Entered: 09/16/2020)

09/17/2020 Ï 50 Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 9 of 16 PageID: 2595 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 [email protected], 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) (Entered: 09/17/2020)

09/17/2020 Ï 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) (Entered: 09/17/2020)

09/17/2020 Ï 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) (Entered: 09/17/2020)

09/18/2020 Ï 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) (Entered: 09/18/2020)

09/18/2020 Ï 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 [email protected]. (no image attached) (Copies have been distributed pursuant to the NEF − DCh) (Entered: 09/18/2020)

09/21/2020 Ï 55 RESPONSE to 45 Order to Show Cause by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) (Entered: 09/21/2020)

09/21/2020 Ï 56 REPLY to Response to 9 Motion for Preliminary Injunction, by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) (Entered: 09/21/2020)

09/21/2020 Ï 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) (Entered: 09/21/2020)

09/21/2020 Ï 58 RESPONSE to 45 Order to Show Cause by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) (Entered: 09/21/2020)

09/21/2020 Ï 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) (Entered: 09/21/2020)

09/21/2020 Ï 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 Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 10 of 16 PageID: 2596 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) (Entered: 09/21/2020)

09/21/2020 Ï 62 RESPONSE to 17 Motion by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) (Entered: 09/21/2020)

09/21/2020 Ï 63 RESPONSE to 18 Motion to Dismiss,, by Plaintiff Marina District Development Company, LLC. Replies due by 9/28/2020. (Sliker, Joshua) (Entered: 09/21/2020)

09/21/2020 Ï 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) (Entered: 09/22/2020)

09/22/2020 Ï 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) (Entered: 09/22/2020)

09/22/2020 Ï 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) (Entered: 09/22/2020)

09/23/2020 Ï 67 TRANSCRIPT of Proceedings, 64 Motion Hearing,,,, held on 09/21/2020, before Magistrate Judge Brenda Weksler. Transcriber: Heather Newman, [email protected]. Any Redaction Request is due by 10/14/2020. Redacted Transcript Deadline is set for 10/24/2020. Release of the Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 11 of 16 PageID: 2597 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) (Entered: 09/23/2020)

09/23/2020 Ï 68 REPLY to Response to 11 Motion to Seal by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 09/23/2020)

09/23/2020 Ï 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) (Entered: 09/23/2020)

09/24/2020 Ï 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) (Entered: 09/24/2020)

09/24/2020 Ï 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) (Entered: 09/24/2020)

09/24/2020 Ï 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) (Entered: 09/24/2020)

09/24/2020 Ï 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). (Entered: 09/24/2020)

09/25/2020 Ï 74 RESPONSE to 72 Motion to Strike by Plaintiff Marina District Development Company, LLC. Replies due by 10/2/2020. (Trimmer, Paul) (Entered: 09/25/2020)

09/25/2020 Ï 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) (Entered: 09/25/2020)

09/28/2020 Ï 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) (Entered: 09/28/2020)

09/28/2020 Ï 77 REPLY to Response to 18 Motion to Dismiss,, by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) (Entered: 09/28/2020)

09/28/2020 Ï 78 REPLY to 62 Response by Defendants Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) (Entered: 09/28/2020) Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 12 of 16 PageID: 2598 09/30/2020 Ï 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). (Entered: 09/30/2020)

10/01/2020 Ï 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) (Entered: 10/01/2020)

10/05/2020 Ï 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) (Entered: 10/05/2020)

10/05/2020 Ï 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) (Entered: 10/05/2020)

10/06/2020 Ï 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) (Entered: 10/06/2020)

10/06/2020 Ï 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) (Entered: 10/06/2020)

10/07/2020 Ï 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; Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 13 of 16 PageID: 2599 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) (Entered: 10/07/2020)

10/09/2020 Ï 86 TRANSCRIPT of Proceedings, 85 , Motion Hearing, held on 10/07/2020, before Judge Gloria M. Navarro. Court Reporter/Transcriber: Shayna Montgomery, [email protected]. 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) (Entered: 10/09/2020)

10/11/2020 Ï 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). (Entered: 10/11/2020)

10/11/2020 Ï 88 MOTION to Seal by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) (Entered: 10/11/2020)

10/13/2020 Ï 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) (Entered: 10/13/2020)

10/13/2020 Ï 92 WITNESS LIST from 10/7/2020 and 10/13/2020 Motion Hearings before Judge Gloria M. Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 14 of 16 PageID: 2600 Navarro. (ASB) (Entered: 10/13/2020)

10/13/2020 Ï 93 EXHIBIT LIST from 10/7/2020 and 10/13/2020 Motion Hearings before Judge Gloria M. Navarro. (ASB) (Entered: 10/13/2020)

10/13/2020 Ï 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) (Entered: 10/13/2020)

10/15/2020 Ï 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, [email protected]. 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). (Entered: 10/15/2020)

10/15/2020 Ï 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, [email protected]. 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) (Entered: 10/15/2020)

10/19/2020 Ï 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) (Entered: 10/19/2020)

10/20/2020 Ï 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) (Entered: 10/20/2020)

10/20/2020 Ï 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.

Verified Petition was due by 9/11/2020.

(no image attached) (MMM) (Entered: 10/20/2020) Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 15 of 16 PageID: 2601 10/20/2020 Ï 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). (Entered: 10/20/2020)

10/21/2020 Ï 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) (Entered: 10/21/2020)

10/21/2020 Ï 102 Emergency MOTION to Stay Case by Defendant AC Ocean Walk, LLC. (Attachments: # 1 Declaration of Leigh Ann Buziak) (Kleiman, Kerry) (Entered: 10/21/2020)

10/21/2020 Ï 103 Proposed Discovery Plan and Scheduling Order by Plaintiff Marina District Development Company, LLC. (Sliker, Joshua) (Entered: 10/21/2020)

10/22/2020 Ï 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) (Entered: 10/22/2020)

10/22/2020 Ï 105 EMERGENCY MOTION to Stay Discovery by Defendant AC Ocean Walk, LLC. (Attachments: # 1 Declaration) (HAM) (Entered: 10/22/2020)

10/22/2020 Ï 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) (Entered: 10/22/2020)

10/23/2020 Ï 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 [email protected] 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) (Entered: 10/23/2020)

10/25/2020 Ï 108 Case 1:20-cv-15719-NLH-KMW Document 119 Filed 11/09/20 Page 16 of 16 PageID: 2602 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 [email protected] 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) (Entered: 10/25/2020)

10/26/2020 Ï 109 REPLY to Response to 82 Second Emergency Motion, by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 10/26/2020)

10/27/2020 Ï 110 SUPERSEDEAS BOND in the amount of $50,000.00 posted by Plaintiff Marina District Development Company, LLC, d/b/a Borgata Hotel, Casino, & Spa, in regards to court order (ECF No. 91 ). Receipt #55426. (Copies have been distributed pursuant to the NEF − AF) (Entered: 10/27/2020)

10/27/2020 Ï 111 REPLY to Response to 84 Motion, by Defendant AC Ocean Walk, LLC. (Attachments: # 1 Declaration of Julie Stumpe Dressing) (Kleiman, Kerry) (Entered: 10/27/2020)

10/30/2020 Ï 112 TRANSCRIPT, redacted version of 86 Transcript (SM) (Entered: 10/30/2020)

11/04/2020 Ï 113 STIPULATION and Order to Sever Certain Claims and Transfer to the U.S. District Court for the District of New Jersey by Plaintiff Marina District Development Company, LLC. (Trimmer, Paul) (Entered: 11/04/2020)

11/04/2020 Ï 115 MOTION to Seal by Defendants AC Ocean Walk, LLC, Kelly Ashman Burke, William Callahan. (Kleiman, Kerry) (Entered: 11/04/2020)

11/04/2020 Ï 116 RESPONSE to 102 Motion to Stay Case, 18 Motion to Dismiss,, 105 Motion to Stay Discovery by Plaintiff Marina District Development Company, LLC. Replies due by 11/11/2020. (Sliker, Joshua) (Entered: 11/04/2020)

11/05/2020 Ï 117 MINUTES OF PROCEEDINGS − Motion Hearing held on 11/5/2020 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.; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 11:02:54 − 11:12:40; 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 Motion to Seal 11 . The Court presents it's Order to Counsel. The transcript will serve as the written Order of the Court. IT IS ORDERED: Plaintiff's Motion to Seal 11 is GRANTED in part and DENIED in part as stated in open court. The Court clarifies it's Order for the record. (no image attached) (Copies have been distributed pursuant to the NEF − JAM) (Entered: 11/06/2020)

11/06/2020 Ï 118 ORDER denying as moot 102 Motion to Stay Case; Plaintiff's claims against Defendant AC Ocean Walk, LLC are severed from Plaintiff's claims against William Callahan and KellyAshman Burke. Plaintiff's claims against Defendant AC Ocean Walk, LLC are transferred to the U.S. District Court for the District of New Jersey. Signed by Judge Gloria M. Navarro on 11/6/2020. (Copies have been distributed pursuant to the NEF − JM) (Entered: 11/06/2020)