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PlayUp, Inc. v. Mintas

2:21-cv-02129 | Nevada District Court

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Division Las Vegas
Judge Judge Gloria M. Navarro
Filed Nov. 30, 2021
Magistrate Magistrate Judge Nancy J. Koppe
Nature of Suit 190 Contract - Other
Cause 28:1330 Breach of Contract
Jury Demand Plaintiff
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Upcoming Events
13 Days
  • 4/28/2025
Motion Hearing set for 4/28/2025 at 10:30 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe.
Pending before the Court is a second renewed motion for forensic examination, Docket No. 625 , and an amended second renewed motion for forensic examination, Docket No. 627 . In light of the filing of the amended motion, the Court DENIES as moot the motion at Docket No. 625 . The Court SETS an in-person hearing for the motion at Docket No. 627 . That hearing will be held at 10:30 a.m. on April 28, 2025
Proposed Joint Pretrial Order due by 4/28/2025.
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2 Weeks
  • 5/5/2025
Settlement statements must be submitted to the undersigned’s box in the Clerk’s Office by 3:00 p.m. on May 5, 2025.
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3 Weeks
  • 5/9/2025
Motion Hearing re 627 Motion continued to 5/9/2025 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Nancy J. Koppe.
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3 Weeks
  • 5/12/2025
In light of the filing of this motion, the court continues the Settlement Conference to 5/12/2025 at 10:00 AM before Magistrate Judge Nancy J. Koppe.
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4 Months
  • 8/20/2025
Settlement statements must be delivered to the undersigned’s box in the Clerk’s Office by 3:00 p.m. on August 20, 2025.
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4 Months
  • 8/27/2025
Settlement Conference continued to 8/27/2025 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Nancy J. Koppe.
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22 Months
  • 2/26/2027
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Filing Date # Docket Text
4/15/2025 ORDER Granting 635 Stipulation to Continue (First Request) Oral Argument re 634 Order. Motion Hearing re 627 Motion continued to 5/9/2025 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Nancy J. Koppe. Settlement Conference continued to 8/27/2025 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 4/15/2025. (Copies have been distributed pursuant to the NEF - ALZ)
4/14/2025Stipulation
4/10/2025 ORDER. Pending before the Court is a second renewed motion for forensic examination, Docket No. 625 , and an amended second renewed motion for forensic examination, Docket No. 627 . In light of the filing of the amended motion, the Court DENIES as moot the motion at Docket No. 625 . The Court SETS an in-person hearing for the motion at Docket No. 627 . That hearing will be held at 10:30 a.m. on April 28, 2025, in Courtroom 3C. Motion Hearing set for 4/28/2025 at 10:30 AM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 4/10/2025. (Copies have been distributed pursuant to the NEF - RJDG)
4/4/2025Reply
3/28/2025 ORDER. IT IS HEREBY ORDERED that Defendant and Counter-Claimant Leila Mintas' Motion for Partial Final Judgment, (ECF No. 485 ), is DENIED.

IT IS FURTHER ORDERED that Plaintiff and Counter-Defendant PlayUp US and Counter-Defendant Simic 9;s Motion for Leave to File a Surreply, (ECF No. 500 ), is GRANTED.

IT IS FURTHER ORDERED that Defendant and Counter-Claimant Leila Mintas' Motion for Summary Judgment, (ECF Nos. 536 , 538 ), is GRANTED, in part, and DENIED, in part. The Court grants summary judgment on all of Plaintiff and Counter-Defendant PlayUp Inc.'s claims against Mintas but denies summary judgment on Mintas' breach of contract counterclaim (Claim 6), and her four wage and hours claims (Claims 912). < p>IT IS FURTHER ORDERED that Plaintiff and Counter-Defendants PlayUp Inc. and Daniel Simic's Motion for Partial Summary Judgment, (ECF No. 539 ), is GRANTED, in part, and DENIED, in part. The Court grants summary judgment in favor of the movant s on the abuse of process, fraud, promissory estoppel, and unjust enrichment claims, but denies summary judgment on the defamation per se claim, the false light claim, the four wage and hour claims, and the prayers for punitive and reputational damag es.

IT IS FURTHER ORDERED that the parties will have thirty days from the date of this Order to file a jointly proposed pretrial order pursuant to LR 16-3(b) using the form provided in LR 16-4.

Proposed Joint Pretrial Order due by 4/28/2025. Signed by Judge Gloria M. Navarro on 3/28/2025. (Copies have been distributed pursuant to the NEF - RJDG)

3/14/2025 ORDER. IT IS ORDERED that no later than 3/18/2025 counsel for Defendant must either amend the 625 second motion to compel with the correct name of local counsel or demonstrate why Ms. Calvert is properly named as local counsel in this case. R esponses due by 3/26/2025. Replies due by 4/1/2025. In light of the filing of this motion, the court continues the Settlement Conference to 5/12/2025 at 10:00 AM before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 3/14/2025. (Copies have been distributed pursuant to the NEF - MAM)
3/4/2025Response to Objection/Appeal of Magistrate Judge Order/Ruling
2/28/2025Mail Returned
2/20/2025 ORDER Granting 617 Stipulation for Extension of Time. Responses due by 2/17/2025. Replies due by 3/3/2025. Signed by Magistrate Judge Nancy J. Koppe on 2/20/2025. (Copies have been distributed pursuant to the NEF - RJDG)
2/18/2025Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1
2/14/2025 STATUS REPORT PlayUp, Inc.'s and Daniel Simic's Status Report In Response to January 31, 2025 Order by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. (Brookhyser, Amanda) (Entered: 02/14/2025)
2/10/2025 STIPULATION FOR EXTENSION OF TIME (First Request) re 613 Order on Motion to Extend/Shorten Time, by Defendant Laila Mintas. (Quinlan, William) (extend) (objectrr) (Entered: 02/10/2025)
1/31/2025 ORDER. Pending before the Court is a stipulation to extend the deadlines to produce documents and, if necessary, to renew the motion to compel forensic examination. Docket No. 615 . For good cause shown, the stipulation is GRANTED. The deadline for Simic to comply with the Court's order for production is EXTENDED to February 14, 2025. The deadline for any renewed motion to compel forensic examination is EXTENDED to March 12, 2025. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE GRANTED.

In light of the above, the Court also CONTINUES the settlement conference to 10:00 a.m. on March 27, 2025. Settlement statements must be submitted to the undersigned's box in the Clerk's Office by 3:00 p.m. on March 20, 2025. All other requirements for the settlement conference (see Docket No. 587 ) remain unchanged.

Status Report due by 2/14/2025. Motions due by 3/12/2025. Settlement Conference set for 3/27/2025 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 1/31/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 01/31/2025)

1/30/2025Second STIPULATION FOR EXTENSION OF TIME (Second Request) Stipulation and Order Extending the Time for Daniel Simic and PlayUp US to Produce Native Documents Per This Court's January 3, 2025 Order re 602 Order on Motion,, Order on Motion for Leave to File Excess Pages,,, by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. (Brookhyser, Amanda) (extend) (presiding) (Entered: 01/30/2025)
1/29/2025 Mail Returned as Undeliverable re 603 Order addressed to Benjamin Bradwell Gordon. (CAH) (Entered: 01/29/2025)
1/27/2025 ORDER denying 607 Motion to Extend Time. Signed by Magistrate Judge Nancy J. Koppe on 1/27/2025. (Copies have been distributed pursuant to the NEF - GA) (Entered: 01/28/2025)
1/24/2025 REPLY to Response to 607 Motion to Extend/Shorten Time, by Defendant Laila Mintas. (Quinlan, William) (Entered: 01/24/2025)
1/23/2025 ORDER Granting 609 Stipulation for Extension of Time. Signed by Magistrate Judge Nancy J. Koppe on 1/23/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 01/24/2025)
1/23/2025 RESPONSE to 607 Motion to Extend/Shorten Time, by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. Replies due by 1/30/2025. (Brookhyser, Amanda) (Entered: 01/23/2025)
1/22/2025 STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order Extending The Time for Daniel Simic and PlayUp US to Produce Native Documents per This Court's January 3, 2025 Order re 602 Order on Motion,, Order on Motion for Leave to File Excess Pages,,, by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. (Brookhyser, Amanda) (extend) (presiding) (Entered: 01/22/2025)
1/21/2025ORDER. Pending before the Court is Michael Popok's 600 motion to withdraw as counsel of record for Plaintiff and Counter-Defendants.

No response has been filed.

The 600 motion is GRANTED.

Signed by Magistrate Judge Nancy J. Koppe on 1/21/2025. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 01/22/2025)

1/17/2025 MOTION to Extend Time (Fifth Request) To Complete Discovery re 606 Order,,, by Defendant Laila Mintas. Responses due by 1/31/2025. (Attachments: # 1 Declaration of Eric Schmitt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Quinlan, William) (discovery) (Entered: 01/17/2025)
1/14/2025ORDER. Pending before the Court are responses to the letter from the Australian Government that processing of Mintas' deposition requests was delayed due to an administrative error. See Docket Nos. 604 , 605 .1 As PlayUp and Simic note, discovery has long been closed and the case is primed to move forward to a settlement conference and to the merits phase. Docket No. 605 . Mintas appears to acknowledge that obtaining deposition testimony at this point would require a showing for reopening discovery, but she did not attempt to make that showing in her response. See Docket No. 604 at 6 n.4.2 If Mintas still seeks Australian depositions, she must file a motion to reopen discovery by January 17, 2025. A response to that motion must be filed by January 23, 2025. Any reply must be filed by January 24, 2025. Motions due by 1/17/2025. Signed by Magistrate Judge Nancy J. Koppe on 1/14/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 01/14/2025)
1/13/2025 RESPONSE to 603 Order,, Set/Reset Deadlines & Hearings, by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. (Brookhyser, Amanda) (Entered: 01/13/2025)
1/13/2025 RESPONSE to 603 Order,, Set/Reset Deadlines & Hearings, by Defendant Laila Mintas. (Attachments: # 1 Declaration of Eric Schmitt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Quinlan, William) (Entered: 01/13/2025)
1/3/2025ORDER. The parties must file a short brief with their positions on the attached letter by 1/13/2025. Signed by Magistrate Judge Nancy J. Koppe on 1/3/2025. (Attachments: # 1 Letter from the Australian Government)(Copies have been distributed pursuant to the NEF - AC) (Entered: 01/03/2025)
1/3/2025 ORDER. For the reasons discussed above, Mintas' motion for a forensic examination is DENIED without prejudice and her alternative motion to compel is GRANTED. Docket No. 586 . The motion for leave to file a surreply is GRANTED to the extent it asks the Court not to consider herein the new arguments in Mintas' reply. Docket No. 596 . Signed by Magistrate Judge Nancy J. Koppe on 1/3/2025. (Copies have been distributed pursuant to the NEF - RJDG) (Entered: 01/03/2025)
1/3/2025601 NOTICE: Attorney Action Required to 599 Notice (Other). Attorney Amanda J. Brookhyser advised to review and comply with LR IC 2-1(g) and update your user information account in Pacer/CMECF. (no image attached) (WJ) (Entered: 01/03/2025)
1/2/2025 MOTION to Withdraw as Attorney by Michael S. Popok, Esq. for Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. Responses due by 1/16/2025. (Brookhyser, Amanda) (Entered: 01/02/2025)
1/2/2025 NOTICE Notice of Change of Firm Name by Daniel Simic, PlayUp, Inc.. (Brookhyser, Amanda) (Entered: 01/02/2025)
1/2/2025 REPLY to Response to 596 Motion for Leave to File Document/Excess Pages by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. (Attachments: # 1 Declaration Michael S. Popok, Esq.)(Brookhyser, Amanda) (Entered: 01/02/2025)
12/26/2024 RESPONSE to 596 Motion for Leave to File Document/Excess Pages by Defendant Laila Mintas. Replies due by 1/2/2025. (Attachments: # 1 Exhibit A - Excerpted Drazin Transcript, # 2 Exhibit B - Email Correspondence, # 3 Exhibit C - Letter)(Quinlan, William) (Entered: 12/26/2024)
12/12/2024 MOTION for Leave to File Document re 586 Motion, by Counter Defendant Daniel Simic. Responses due by 12/26/2024. (Attachments: # 1 Declaration, # 2 Exhibit Exhibit 1)(Brookhyser, Amanda) (discovery) (Entered: 12/12/2024)
12/6/2024 REPLY to Response to 586 Motion, by Defendant Laila Mintas. (Attachments: # 1 Declaration of Eric Schmitt in Support of Reply, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N, # 13 Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Exhibit R, # 17 Exhibit S)(Quinlan, William) (Entered: 12/06/2024)
11/19/2024 RESPONSE to 586 Motion, by Counter Defendants Daniel Simic, PlayUp, Inc., Plaintiff PlayUp, Inc.. Replies due by 11/26/2024. (Attachments: # 1 Declaration of Amanda J. Brookhyser, # 2 Exhibit No. 1 September 4, 2924 Email Re Simic Document Production, # 3 Exhibit No. 2 October 4, 2024 Follow Up Email Re Simic Supplemental Production, # 4 Exhibit No. 3 October 9, 2024 Follow Up Email on Simic Supplemental Production, # 5 Exhibit No. 4 August 28, 2024 Email Re Simic Document Production, # 6 Exhibit No. 5 September 4, 2024 Continued Email Re Simic Document Production, # 7 Exhibit No. 6 September 19, 2024 Email Re PlayUp Production)(Brookhyser, Amanda) (Entered: 11/19/2024)
11/5/2024 ORDER Granting 592 Motion to Remove Attorney from Electronic Service List. Attorney Lauren Dee Calvert removed from this case. Signed by Magistrate Judge Nancy J. Koppe on 11/5/2024. (Copies have been distributed pursuant to the NEF - ALZ) (Entered: 11/05/2024)
11/4/2024 MOTION to remove attorney Lauren Calvert from the Electronic Service List in this case by Defendant Laila Mintas, Counter Claimant Laila Mintas. (Lovett, James) (Entered: 11/04/2024)
11/4/2024 RESPONSE to 590 Order, by Defendant Laila Mintas, Counter Claimant Laila Mintas. (Lovett, James) (Entered: 11/04/2024)
10/29/2024ORDER. IT IS ORDERED that Defendant must file, no later than November 4, 2024, a notice explaining whether Attorney Calvert remains counsel on this case and, if so, why she has not updated her contact information in CMECF.

See order for further details.

Signed by Magistrate Judge Nancy J. Koppe on 10/29/2024. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 10/29/2024)

10/29/2024 ORDER Granting 588 Stipulation for Extension of Time. Responses due by 11/19/2024. Replies due by 12/6/2024.

In an effort to have discovery matters resolved prior to the settlement conference, the Court CONTINUES the settlement conference to 10:00 a.m. on March 11, 2025. Settlement statements must be submitted to the undersigned's box in the Clerk's Office by 3:00 p.m. on March 4, 2025. All other requirements for the settlement conference (see Docket No. 587 ) remain unchanged.

Signed by Magistrate Judge Nancy J. Koppe on 10/29/2024. (Copies have been distributed pursuant to the NEF - AMMi) (Entered: 10/29/2024)
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