Preview
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2023
EXHIBIT 3
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2023
A-17-749387, LLV Holdco LLC vs. James Coyne
NV District - Clark
Department 13
This case was retrieved on 01/08/2023
Header
Case Number: A-17-749387
Date Filed: 01/10/2017
Date Full Case Retrieved: 01/08/2023
Status: Closed
Misc: (79) Purchase/Sale of Stock, Assets, or Real Estate; Civil
Summary
Judge: Denton, Mark R.;Gonzalez, Elizabeth
Case Type: Civil
Nature of Suit: Purchase/Sale of Stock, Assets, or Real Estate
Extended Case Number: A-17-749387-B
Case Info: Cross-Reference Case Number:A749387
Participants
Litigants Attorneys
Lake at Lake Las Vegas Joint Venture LLC Erika Pike Turner
Plaintiff Plaintiff
725-777-3000(W)
LLV Holdco LLC Erika Pike Turner
Plaintiff Plaintiff
725-777-3000(W)
LLV-1 LLC Erika Pike Turner
Plaintiff Plaintiff
725-777-3000(W)
Vineyard at Lake Las Vegas LLC Erika Pike Turner
Plaintiff Plaintiff
725-777-3000(W)
Coyne, James David Koch
Defendant Defendant
702-833-1100(W)
Judgments
Date Details
02/15/2018
Lake at Lake Las Vegas Joint Venture LLC (Plaintiff)
LLV-1 LLC (Plaintiff)
Vineyard at Lake Las Vegas LLC (Plaintiff)
------Creditors-----
CFIC-2014 NV FI-PSC LLC (Defendant)
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 RECEIVEDPage 96 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
[453] Stipulation and Order for Withdrawal of
Defendant Keith Mosley's Motion for
Attorneys' Fees and Costs
07/25/2019 EntryDetails:
Notice of Entry of Stipulation and Order
[454] Notice of Entry of Stipulation and Order
Doc ID# 454
for Withdrawal of Defendant Keith Mosley's
Motion for Attorneys' Fees and Costs
07/30/2019 EntryDetails:
Objection Doc ID# 455
[455] Plaintiffs' Objections to Joint
Defendants' Exhibit List and First, Second,
and Third Supplements
08/01/2019 EntryDetails:
Order Doc ID# 456
[456] Order on Objections to Deposition
Designations
08/02/2019 EntryDetails:
Notice of Entry of Order Doc ID# 457
[457] Notice of Entry of Order on Objections
to Deposition Designations
08/02/2019 EntryDetails:
Objection Doc ID# 458
[458] Plaintiffs' Amended Objections to Joint
Defendants' Exhibit List and First, Second,
and Third Supplements
08/05/2019 Judge:
Calendar Call
Denton, Mark R.
Result:
Trial Date Set
EventTime:
2:00 PM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Coulthard, William L -
Attorney (Counter Claimant); Coulthard,
William L - Attorney (Defendant); Esposito,
Michael R., ESQ - Attorney (Counter
Defendant); Koch, David - Attorney (Counter
Claimant); Koch, David - Attorney
(Defendant); Woods, Anjuli - Attorney
(Counter Claimant); Woods, Anjuli - Attorney
(Defendant)
Judge:
Denton, Mark R.
Result:
Trial Date Set
EventTime:
2:00 PM
Details
Minutes: Court noted this case has a firm
setting with a Pre-Trial Meeting set for
August 12th. Upon Court's inquiry, counsel
announced ready for trial. COURT
ORDERED, trial date of August 13, 2019
STANDS. Court further noted it received a
letter from counsel indicating they would like
a bigger courtroom. Court advised it is a real
burden on the Court to move and trial will
remain in this courtroom. Upon Court's
further inquiry, Mr. Coulthard advised there
will be 3 counsel, 3 representatives, 1
paralegal, and 1 IT guy present for the
defense. Mr. Coulthard added the technology
issue they are having is the size of the
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 RECEIVEDPage 97 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
screens to play video depositions. Court
inquired what to do with the thumb drives
presented to the Court regarding objections.
Ms. Woods advised the Court can destroy
the flash drives as the contents of the flash
drives have been made a part of the record.
Court added at the Pre-Trial Meeting it will
discuss session times more with counsel.
Counsel advised they are in agreement to
remain dark on August 30th and August 19th.
Counsel discussed with the Court's Judicial
Executive Assistant (JEA) juror excusals and
how many jurors are needed on the first day
of trial. The Court's JEA advised she will
request 55 jurors for August 13th at 9:00 am.
Court directed counsel to discuss exhibits,
questions, and items needed for the
courtroom with the Court Clerk and Marshal.
8/13/19 9:00 AM JURY TRIAL
08/07/2019 EntryDetails:
Amended Doc ID# 459
[459] Plaintiffs' Amended Optional
Completeness, Counter-Designations and
Objections to Joint Defendants' Deposition
Designations of Scott Ellington
08/07/2019 EntryDetails:
Motion to Reconsider Doc ID# 460
[460] Plaintiffs' Motion for Reconsideration of
the August 1, 2019 Order on Objections to
Deposition Designations
08/08/2019 EntryDetails:
Clerk's Notice of Hearing Doc ID# 461
[461] Notice of Hearing
08/08/2019 EntryDetails:
Joint Pre-Trial Memorandum Doc ID# 462
[462] Joint Pretrial Memorandum
08/09/2019 EntryDetails:
Opposition to Motion Doc ID# 463
[463] DEFENDANT FREDERICK CHIN S
(INDIVIDUALLY AND AS THE TRUSTEE OF
THE FEC TRUST DATED DECEMBER 23,
2004, ERRONEOUSLY SUED AS THE FEC
TRUST DATED AUGUST 12, 2013)
OPPOSITION TO PLAINTIFFS MOTION
FOR RECONSIDERATION OF THE COURT
S AUGUST 1, 2019 ORDER ON
OBJECTIONS TO DEPOSITION
DESIGNATIONS
08/12/2019 Judge:
At Request of Court
Denton, Mark R.
Result:
Matter Heard
EntryDetails:
Pre-Trial Meeting
EventTime:
2:00 PM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cairns, Jason Avery -
Attorney (Counter Defendant); Cohan, Keith
Y. - Attorney (Counter Defendant); Coulthard,
William L - Attorney (Counter Claimant);
Coulthard, William L - Attorney (Defendant);
Esposito, Michael R., ESQ - Attorney
(Counter Defendant); Koch, David - Attorney
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NYSCEF DOC. NO. 9 RECEIVEDPage 98 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
(Counter Claimant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Counter Claimant); Woods, Anjuli - Attorney
(Defendant)
Judge:
Denton, Mark R.
Result:
Matter Heard
EntryDetails:
Pre-Trial Meeting
EventTime:
2:00 PM
Details
Minutes: Daniel Scow, Esq. also present for
Defendants James Coyne and James G.
Coyne Living Trust Dated 3/16/11. Court met
with counsel in Chambers for a Pre-Trial
Meeting. Counsel decided on the alternate
seats of 3, 6, 9, and 12. Counsel had no
objections to excusing Badge Numbers 0475
and 0331 based on their excusal requests.
Court advised of trial procedures and the jury
selection process. Upon Court's inquiry,
counsel agreed to shred the Jury
Questionnaires of jurors who have already
been excused. Arguments by Mr. Koch, Ms.
Balliette, Ms. Tsai and Mr. Coulthard
regarding pre-admitting board meeting notes
for use in Plaintiff's case in chief. Court
advised it will not pre-admit exhibits over
objections and if there is a witness on the
stand the Court will look at it at the time.
Colloquy regarding the upcoming Motion for
Reconsideration and setting it for a sooner
date than the ordinary course. COURT
ORDERED, Motion for Reconsideration
ADVANCED to August 15, 2019 at 9:00 am.
Colloquy regarding video deposition
designations and counsel giving each other
advanced noticed on any changes. Court
directed counsel to confer and come to a
mutual understanding.
08/13/2019 Judge:
Jury Trial
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cairns, Jason Avery -
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NYSCEF DOC. NO. 9 RECEIVEDPage 99 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
Attorney (Counter Defendant); Cohan, Keith
Y. - Attorney (Counter Defendant); Coulthard,
William L - Attorney (Counter Claimant);
Coulthard, William L - Attorney (Defendant);
Esposito, Michael R., ESQ - Attorney
(Counter Defendant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Defendant); Chin, Frederick (Counter
Claimant); Coyne, James (Counter
Claimant); Chin, Frederick (Defendant);
Coyne, James (Defendant); Chin, Frederick
(Trustee); Coyne, James (Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Coulthard, William L - Attorney
(Counter Claimant); Coulthard, William L -
Attorney (Defendant); Chin, Frederick
(Counter Claimant); Woods, Anjuli - Attorney;
Coyne, James (Counter Claimant); Koch,
David - Attorney; Scow, Steven B. - Attorney;
Lake at Lake Las Vegas Joint Venture LLC
(Counter Defendant); Balliette, Barbara W. -
Attorney; Cairns, Jason Avery - Attorney;
Cohan, Keith Y. - Attorney; Esposito, Michael
R., ESQ - Attorney; Tsai, Lisa S. - Attorney;
LLV Holdco LLC (Counter Defendant); LLV-1
LLC (Counter Defendant); Vineyard at Lake
Las Vegas LLC (Counter Defendant); Chin,
Frederick (Defendant); Coyne, James
(Defendant); FEC Trust Dated 12/23/04
(Defendant); James G Coyne Living Trust
Dated 3/16/11 (Defendant); Lake at Lake Las
Vegas Joint Venture LLC (Plaintiff); LLV
Holdco LLC (Plaintiff); LLV-1 LLC (Plaintiff);
Vineyard at Lake Las Vegas LLC (Plaintiff);
Chin, Frederick (Trustee); Coyne, James
(Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 Page
RECEIVED 100 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cairns, Jason Avery -
Attorney (Counter Defendant); Coulthard,
William L - Attorney (Counter Claimant);
Coulthard, William L - Attorney (Defendant);
Esposito, Michael R., ESQ - Attorney
(Counter Defendant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Defendant); Chin, Frederick (Counter
Claimant); Coyne, James (Counter
Claimant); Chin, Frederick (Defendant);
Coyne, James (Defendant); Chin, Frederick
(Trustee); Coyne, James (Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cairns, Jason Avery -
Attorney (Counter Defendant); Ciciliano,
Dylan T. - Attorney (Counter Defendant);
Cohan, Keith Y. - Attorney (Counter
Defendant); Coulthard, William L - Attorney
(Counter Claimant); Coulthard, William L -
Attorney (Defendant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Defendant); Chin, Frederick (Counter
Claimant); Coyne, James (Counter
Claimant); Chin, Frederick (Defendant);
Coyne, James (Defendant); Chin, Frederick
(Trustee); Coyne, James (Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 Page
RECEIVED 101 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cohan, Keith Y. -
Attorney (Counter Defendant); Coulthard,
William L - Attorney (Counter Claimant);
Coulthard, William L - Attorney (Defendant);
Esposito, Michael R., ESQ - Attorney
(Counter Defendant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Defendant); Chin, Frederick (Counter
Claimant); Coyne, James (Counter
Claimant); Chin, Frederick (Defendant);
Coyne, James (Defendant); Chin, Frederick
(Trustee); Coyne, James (Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Present: Balliette, Barbara W. - Attorney
(Counter Defendant); Cairns, Jason Avery -
Attorney (Counter Defendant); Cohan, Keith
Y. - Attorney (Counter Defendant); Coulthard,
William L - Attorney (Counter Claimant);
Coulthard, William L - Attorney (Defendant);
Esposito, Michael R., ESQ - Attorney
(Counter Defendant); Koch, David - Attorney
(Defendant); Tsai, Lisa S. - Attorney (Counter
Defendant); Woods, Anjuli - Attorney
(Counter Claimant); Woods, Anjuli - Attorney
(Defendant); Coyne, James (Counter
Claimant); Coyne, James (Defendant);
Coyne, James (Trustee)
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 Page
RECEIVED 102 of 155
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A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Minutes: JP Sevilla and Scott Ellington,
Client Representatives for Plaintiffs, present.
Daniel Scow, Esq. also present for
Defendants James Coyne and James G.
Coyne Living Trust Dated 3/16/11. OUTSIDE
THE PRESENCE OF THE PROSPECTIVE
JURY PANEL: Court advised of 5 jurors who
have not shown up and additional excusal
requests. INSIDE THE PRESENCE OF THE
PROSPECTIVE JURY PANEL: Introductions
by Court and counsel who each outlined their
case and named additional witnesses not
stated in the Juror Questionnaires. Voir Dire
Oath administered. Voir Dire conducted.
OUTSIDE THE PRESENCE OF THE
PROSPECTIVE JURY PANEL: Ms. Woods
advised of stipulated excusals. Court
indicated additional excusal requests made
by contacting Chambers. INSIDE THE
PRESENCE OF THE PROSPECTIVE JURY
PANEL: Voir Dire continued. Jury and four
(4) alternates selected and sworn.
Exclusionary Rule INVOKED. At the request
of counsel, COURT ORDERED, trial date of
August 14, 2019 VACATED. COURT
ADMONISHED the Jury and ORDERED
them to appear on the date and time given.
CONTINUED TO: 8/15/19 1:30 PM
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Minutes: JP Sevilla and Scott Ellington,
Client Representatives for Plaintiffs, present.
Daniel Scow, Esq. also present for
Defendants James Coyne and James G.
Coyne Living Trust Dated 3/16/11. INSIDE
THE PRESENCE OF THE JURY PANEL:
Opening statements by Ms. Tsai and Mr.
Koch. COURT ADMONISHED the Jury and
ORDERED them to appear at the date and
time given. CONTINUED TO: 8/16/19 1:30
PM
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023
NYSCEF DOC. NO. 9 Page
RECEIVED 103 of 155
NYSCEF: 02/08/2023
A-17-749387, LLV Holdco LLC vs. James Coyne
Date # Proceeding Text Details
Judge:
Denton, Mark R.
Result:
Trial Continues
EntryDetails:
08/13/2019, 08/15/2019, 08/16/2019,
08/20/2019, 08/21/2019, 08/22/2019,
08/23/2019, 08/27/2019, 08/28/2019,
08/29/2019, 09/04/2019, 09/05/2019,
09/06/2019, 09/09/2019, 09/10/2019,
09/11/2019, 09/12/2019, 09/13/2019,
09/17/2019, 09/18/2019, 09/19/2019,
09/24/2019, 09/25/2019, 09/26/2019
EventTime:
9:00 AM
Details
Minutes: OUTSIDE THE PRESENCE OF
THE JURY objections to Defense opening
PowerPoint slides and references to the law.
Preview
FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2023 EXHIBIT 3 FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne NV District - Clark Department 13 This case was retrieved on 01/08/2023 Header Case Number: A-17-749387 Date Filed: 01/10/2017 Date Full Case Retrieved: 01/08/2023 Status: Closed Misc: (79) Purchase/Sale of Stock, Assets, or Real Estate; Civil Summary Judge: Denton, Mark R.;Gonzalez, Elizabeth Case Type: Civil Nature of Suit: Purchase/Sale of Stock, Assets, or Real Estate Extended Case Number: A-17-749387-B Case Info: Cross-Reference Case Number:A749387 Participants Litigants Attorneys Lake at Lake Las Vegas Joint Venture LLC Erika Pike Turner Plaintiff Plaintiff 725-777-3000(W) LLV Holdco LLC Erika Pike Turner Plaintiff Plaintiff 725-777-3000(W) LLV-1 LLC Erika Pike Turner Plaintiff Plaintiff 725-777-3000(W) Vineyard at Lake Las Vegas LLC Erika Pike Turner Plaintiff Plaintiff 725-777-3000(W) Coyne, James David Koch Defendant Defendant 702-833-1100(W) Judgments Date Details 02/15/2018 Lake at Lake Las Vegas Joint Venture LLC (Plaintiff) LLV-1 LLC (Plaintiff) Vineyard at Lake Las Vegas LLC (Plaintiff) ------Creditors----- CFIC-2014 NV FI-PSC LLC (Defendant) FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVEDPage 96 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details [453] Stipulation and Order for Withdrawal of Defendant Keith Mosley's Motion for Attorneys' Fees and Costs 07/25/2019 EntryDetails: Notice of Entry of Stipulation and Order [454] Notice of Entry of Stipulation and Order Doc ID# 454 for Withdrawal of Defendant Keith Mosley's Motion for Attorneys' Fees and Costs 07/30/2019 EntryDetails: Objection Doc ID# 455 [455] Plaintiffs' Objections to Joint Defendants' Exhibit List and First, Second, and Third Supplements 08/01/2019 EntryDetails: Order Doc ID# 456 [456] Order on Objections to Deposition Designations 08/02/2019 EntryDetails: Notice of Entry of Order Doc ID# 457 [457] Notice of Entry of Order on Objections to Deposition Designations 08/02/2019 EntryDetails: Objection Doc ID# 458 [458] Plaintiffs' Amended Objections to Joint Defendants' Exhibit List and First, Second, and Third Supplements 08/05/2019 Judge: Calendar Call Denton, Mark R. Result: Trial Date Set EventTime: 2:00 PM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney (Counter Claimant); Koch, David - Attorney (Defendant); Woods, Anjuli - Attorney (Counter Claimant); Woods, Anjuli - Attorney (Defendant) Judge: Denton, Mark R. Result: Trial Date Set EventTime: 2:00 PM Details Minutes: Court noted this case has a firm setting with a Pre-Trial Meeting set for August 12th. Upon Court's inquiry, counsel announced ready for trial. COURT ORDERED, trial date of August 13, 2019 STANDS. Court further noted it received a letter from counsel indicating they would like a bigger courtroom. Court advised it is a real burden on the Court to move and trial will remain in this courtroom. Upon Court's further inquiry, Mr. Coulthard advised there will be 3 counsel, 3 representatives, 1 paralegal, and 1 IT guy present for the defense. Mr. Coulthard added the technology issue they are having is the size of the FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVEDPage 97 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details screens to play video depositions. Court inquired what to do with the thumb drives presented to the Court regarding objections. Ms. Woods advised the Court can destroy the flash drives as the contents of the flash drives have been made a part of the record. Court added at the Pre-Trial Meeting it will discuss session times more with counsel. Counsel advised they are in agreement to remain dark on August 30th and August 19th. Counsel discussed with the Court's Judicial Executive Assistant (JEA) juror excusals and how many jurors are needed on the first day of trial. The Court's JEA advised she will request 55 jurors for August 13th at 9:00 am. Court directed counsel to discuss exhibits, questions, and items needed for the courtroom with the Court Clerk and Marshal. 8/13/19 9:00 AM JURY TRIAL 08/07/2019 EntryDetails: Amended Doc ID# 459 [459] Plaintiffs' Amended Optional Completeness, Counter-Designations and Objections to Joint Defendants' Deposition Designations of Scott Ellington 08/07/2019 EntryDetails: Motion to Reconsider Doc ID# 460 [460] Plaintiffs' Motion for Reconsideration of the August 1, 2019 Order on Objections to Deposition Designations 08/08/2019 EntryDetails: Clerk's Notice of Hearing Doc ID# 461 [461] Notice of Hearing 08/08/2019 EntryDetails: Joint Pre-Trial Memorandum Doc ID# 462 [462] Joint Pretrial Memorandum 08/09/2019 EntryDetails: Opposition to Motion Doc ID# 463 [463] DEFENDANT FREDERICK CHIN S (INDIVIDUALLY AND AS THE TRUSTEE OF THE FEC TRUST DATED DECEMBER 23, 2004, ERRONEOUSLY SUED AS THE FEC TRUST DATED AUGUST 12, 2013) OPPOSITION TO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURT S AUGUST 1, 2019 ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS 08/12/2019 Judge: At Request of Court Denton, Mark R. Result: Matter Heard EntryDetails: Pre-Trial Meeting EventTime: 2:00 PM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cairns, Jason Avery - Attorney (Counter Defendant); Cohan, Keith Y. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVEDPage 98 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details (Counter Claimant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Counter Claimant); Woods, Anjuli - Attorney (Defendant) Judge: Denton, Mark R. Result: Matter Heard EntryDetails: Pre-Trial Meeting EventTime: 2:00 PM Details Minutes: Daniel Scow, Esq. also present for Defendants James Coyne and James G. Coyne Living Trust Dated 3/16/11. Court met with counsel in Chambers for a Pre-Trial Meeting. Counsel decided on the alternate seats of 3, 6, 9, and 12. Counsel had no objections to excusing Badge Numbers 0475 and 0331 based on their excusal requests. Court advised of trial procedures and the jury selection process. Upon Court's inquiry, counsel agreed to shred the Jury Questionnaires of jurors who have already been excused. Arguments by Mr. Koch, Ms. Balliette, Ms. Tsai and Mr. Coulthard regarding pre-admitting board meeting notes for use in Plaintiff's case in chief. Court advised it will not pre-admit exhibits over objections and if there is a witness on the stand the Court will look at it at the time. Colloquy regarding the upcoming Motion for Reconsideration and setting it for a sooner date than the ordinary course. COURT ORDERED, Motion for Reconsideration ADVANCED to August 15, 2019 at 9:00 am. Colloquy regarding video deposition designations and counsel giving each other advanced noticed on any changes. Court directed counsel to confer and come to a mutual understanding. 08/13/2019 Judge: Jury Trial Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cairns, Jason Avery - FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 RECEIVEDPage 99 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details Attorney (Counter Defendant); Cohan, Keith Y. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Defendant); Chin, Frederick (Counter Claimant); Coyne, James (Counter Claimant); Chin, Frederick (Defendant); Coyne, James (Defendant); Chin, Frederick (Trustee); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Chin, Frederick (Counter Claimant); Woods, Anjuli - Attorney; Coyne, James (Counter Claimant); Koch, David - Attorney; Scow, Steven B. - Attorney; Lake at Lake Las Vegas Joint Venture LLC (Counter Defendant); Balliette, Barbara W. - Attorney; Cairns, Jason Avery - Attorney; Cohan, Keith Y. - Attorney; Esposito, Michael R., ESQ - Attorney; Tsai, Lisa S. - Attorney; LLV Holdco LLC (Counter Defendant); LLV-1 LLC (Counter Defendant); Vineyard at Lake Las Vegas LLC (Counter Defendant); Chin, Frederick (Defendant); Coyne, James (Defendant); FEC Trust Dated 12/23/04 (Defendant); James G Coyne Living Trust Dated 3/16/11 (Defendant); Lake at Lake Las Vegas Joint Venture LLC (Plaintiff); LLV Holdco LLC (Plaintiff); LLV-1 LLC (Plaintiff); Vineyard at Lake Las Vegas LLC (Plaintiff); Chin, Frederick (Trustee); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 Page RECEIVED 100 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cairns, Jason Avery - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Defendant); Chin, Frederick (Counter Claimant); Coyne, James (Counter Claimant); Chin, Frederick (Defendant); Coyne, James (Defendant); Chin, Frederick (Trustee); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cairns, Jason Avery - Attorney (Counter Defendant); Ciciliano, Dylan T. - Attorney (Counter Defendant); Cohan, Keith Y. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Defendant); Chin, Frederick (Counter Claimant); Coyne, James (Counter Claimant); Chin, Frederick (Defendant); Coyne, James (Defendant); Chin, Frederick (Trustee); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 Page RECEIVED 101 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cohan, Keith Y. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Defendant); Chin, Frederick (Counter Claimant); Coyne, James (Counter Claimant); Chin, Frederick (Defendant); Coyne, James (Defendant); Chin, Frederick (Trustee); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Present: Balliette, Barbara W. - Attorney (Counter Defendant); Cairns, Jason Avery - Attorney (Counter Defendant); Cohan, Keith Y. - Attorney (Counter Defendant); Coulthard, William L - Attorney (Counter Claimant); Coulthard, William L - Attorney (Defendant); Esposito, Michael R., ESQ - Attorney (Counter Defendant); Koch, David - Attorney (Defendant); Tsai, Lisa S. - Attorney (Counter Defendant); Woods, Anjuli - Attorney (Counter Claimant); Woods, Anjuli - Attorney (Defendant); Coyne, James (Counter Claimant); Coyne, James (Defendant); Coyne, James (Trustee) Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 Page RECEIVED 102 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Minutes: JP Sevilla and Scott Ellington, Client Representatives for Plaintiffs, present. Daniel Scow, Esq. also present for Defendants James Coyne and James G. Coyne Living Trust Dated 3/16/11. OUTSIDE THE PRESENCE OF THE PROSPECTIVE JURY PANEL: Court advised of 5 jurors who have not shown up and additional excusal requests. INSIDE THE PRESENCE OF THE PROSPECTIVE JURY PANEL: Introductions by Court and counsel who each outlined their case and named additional witnesses not stated in the Juror Questionnaires. Voir Dire Oath administered. Voir Dire conducted. OUTSIDE THE PRESENCE OF THE PROSPECTIVE JURY PANEL: Ms. Woods advised of stipulated excusals. Court indicated additional excusal requests made by contacting Chambers. INSIDE THE PRESENCE OF THE PROSPECTIVE JURY PANEL: Voir Dire continued. Jury and four (4) alternates selected and sworn. Exclusionary Rule INVOKED. At the request of counsel, COURT ORDERED, trial date of August 14, 2019 VACATED. COURT ADMONISHED the Jury and ORDERED them to appear on the date and time given. CONTINUED TO: 8/15/19 1:30 PM Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Minutes: JP Sevilla and Scott Ellington, Client Representatives for Plaintiffs, present. Daniel Scow, Esq. also present for Defendants James Coyne and James G. Coyne Living Trust Dated 3/16/11. INSIDE THE PRESENCE OF THE JURY PANEL: Opening statements by Ms. Tsai and Mr. Koch. COURT ADMONISHED the Jury and ORDERED them to appear at the date and time given. CONTINUED TO: 8/16/19 1:30 PM FILED: NEW YORK COUNTY CLERK 02/08/2023 12:41 AM INDEX NO. 650744/2023 NYSCEF DOC. NO. 9 Page RECEIVED 103 of 155 NYSCEF: 02/08/2023 A-17-749387, LLV Holdco LLC vs. James Coyne Date # Proceeding Text Details Judge: Denton, Mark R. Result: Trial Continues EntryDetails: 08/13/2019, 08/15/2019, 08/16/2019, 08/20/2019, 08/21/2019, 08/22/2019, 08/23/2019, 08/27/2019, 08/28/2019, 08/29/2019, 09/04/2019, 09/05/2019, 09/06/2019, 09/09/2019, 09/10/2019, 09/11/2019, 09/12/2019, 09/13/2019, 09/17/2019, 09/18/2019, 09/19/2019, 09/24/2019, 09/25/2019, 09/26/2019 EventTime: 9:00 AM Details Minutes: OUTSIDE THE PRESENCE OF THE JURY objections to Defense opening PowerPoint slides and references to the law.