United States District Court, D. Nevada
YWS Architects, LLC dba YWS Design & Architecture, a Nevada limited liability company, Plaintiff,
Alon Las Vegas Resort, LLC, a Delaware limited liability company; Alon Las Vegas Landco, LLC, a Delaware limited liability company; TISHMAR, LLC, a Nevada limited liability company, Defendants. Alon Las Vegas Resort, LLC, a Delaware limited liability company; Alon Leisure Management, LLC, a Delaware limited liability company, Counter-claimants,
YWS Architects, LLC dba YWS Design & Architecture, a Nevada limited liability company; Tom Wucherer, an individual; DOES 1 through 10; ROE CORPORATIONS 11-20, Counter-defendants.
LAW GROUP Leon F. Mead II, Esq. (NV Bar #5719) Sarah A. Mead,
Esq. (NV Bar #13725) Patrick G. Byrne, Esq. (NV Bar #7636)
Michael Paretti, Esq. (NV Bar #13926) SNELL & WILMER
L.L.P. Attorneys for Alon Las Vegas Resort, LL and Alon
Leisure Management, LLC
KAEMPFER CROWELL, Peter C. Bernhard, Esq. (NV Bar #734)
Attorneys for Tishmar, LLC
GREENBERG TRAURIG, LLP Mark G. Tratos, Esq. (NV Bar #1086)
Donald L. Prunty, Esq. (NV Bar #8230) Shauna L. Norton, Esq.
(NV Bar #11320) Attorneys for YWS Architects, LLC
AMENDED JOINT PREHEARING STATEMENT PURSUANT TO ORDER
SETTING EVIDENTIARY HEARING [DOC 52]
briefing by all appropriate parties on Alon Las Vegas Resort,
LLC and Alon Leisure Management LLC's (collectively
“Alon”) Motion to Expunge YWS Architects,
LLC's Mechanic's Lien [Doc 31] Tishmar, LLC's
(“Tishmar”) Joinder in Alon's Motion [Doc
35], and Tishmar's Motion to Expunge YWS Architects,
LLC's Mechanic's Lien [Doc 32], the parties amend
their joint prehearing statement, previously filed and
approved [Docs 56 and 57], for the benefit of this Court:
parties have agreed that the following facts are undisputed:
The Parties' Relationship
is the fee owner of APN Nos. 162-16-101-009 and
162-16-101-011 (the “Alon Parcels”). Tishmar is
the fee owner of APN No. 162-09-403- 004, which is leased by
Tishmar to Alon or its predecessors-in-interest (the
and YWS entered into a later Letter of Intent dated May 5,
2015 (the “5/5/15 LOI”) in connection with
architectural services for the Project.
performed architectural services for Alon under the LOIs.
5/5/15 LOI contains a provision stating that:
Tishmar is not a party to any agreement with YWS, including
the agreement between Alon and YWS for the Project.
Fencing with advertising for the future resort was erected
surrounding the Property.
October 6, 2016, Alon demanded that the lien be released by
close of business on Friday October 7, 2016 based on its
position that the lien was improperly and unlawfully
recorded, or else Alon stated it would not participate in
mediation of their dispute.
parties attended mediation on November 17, 2016 and presented
their respective cases to Floyd Hale, Esq. of JAMS. No.
resolution was reached at the mediation. Tishmar did not
participate in the mediation.
served its notice of its November 21, 2016 mechanics'
lien on the Property on Alon by certified mail return receipt
performed no work for Alon between September 19, 2016 and
November 21, 2016.
Facts Not Admitted, but Not Contested at the Evidentiary
YWS' allegation that it is owed any amount of money from
Alon is disputed by Alon, but will not be contested for
purposes of the evidentiary hearing.
Tishmar recorded a Memorandum of Lease Assumption agreement
on October 16, 2014, Instrument No. 201410160002692, prior to
YWS's agreement with Alon.
did not serve Tishmar with a pre-lien notice under NRS
Issues of Fact to be Determined at the Evidentiary
the Court determines that “visible construction”
is necessary under the circumstances in this case, whether
“visible construction” occurred prior to YWS'
lien claim on the Alon Project.
Whether YWS had a good-faith belief in the basis for
recording its notice of lien in November of 2016.
Whether the scope of services to be provided by YWS under the
5/5/15 LOI included design services for model rooms and
mockups of rooms to be built in the resort.
ownership and management of Alon Las Vegas Resort, LLC and
Alon Leisure Management, LLC.
Whether the last construction work performed on the former
Trump Sales building was in June, 2016.
Issues of Law to be Determined at the Evidentiary
the court determines that “visible construction”
is a required element for a mechanic's lien claim under
the circumstances described in Issue 1, whether the
indicators of construction determined to have been present on
the Property constitutes “visible construction”
under Nevada law.
Whether the lien release was consideration for Alon's
agreement to attend mediation in light of the language in ...