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Nevada Supreme Court Sets March 5 for 'Consipio v. Private' Orals

Nevada Supreme Court Sets March 5 for 'Consipio v. Private' Orals

CARSON CITY, NV—On Friday, The Supreme Court of Nevada notified the parties in Consipio v Private that oral arguments for the three remaining cases on its docket related to the lawsuit have been scheduled for March 5 in Carson City. Starting at 1:30 p.m., all seven justices of the state's highest court will hear the first (#58128) of three 30-minute-long arguments; the second (#58526) will be heard at 2:00 p.m.; and the third (#59091) will begin at 3:00 p.m.

The March 5 oral arguments stem from an order issued by the same court in September of last year that stated, in part, "Having reviewed the status of these matters, we conclude that judicial efficiency will be served  by considering them together. Accordingly, the briefing schedule in this matter shall be expedited to permit all of the related cases to be considered together."

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The parties were given until late October to file all briefs. Between then and now, the underlying Consipio case has seen some significant developments, including a Dec. 8 order granting a plaintiffs' motion to change the date of the company's 2011 annual shareholders meeting from December 15, 2011 to January 11, 2012.

According to AVN coverage at the time, "In addition to changing the date of the 2011 annual meeting, the court ordered that the location of the 2011 Annual Meeting be changed from Barcelona, Spain to Las Vegas, Nevada, that there will be one independent inspector of elections chosen by the receiver for the company, Eric Johnson, and that Johnson will chair the meeting. The Court also reconfirmed Consipio Holdings' right to vote 5.6 million of Private Media common shares at the meeting."

On Jan. 5, the Supreme Court entered an order that extended a temporary stay issued Sept. 26, 2011, and granted a stay of the lower court's contempt proceedings against former Private CEO Berth Milton until the higher court can consider his arguments questioning the court's jurisdiction over him.

On Jan. 11, the shareholders meeting was held in Las Vegas, and two days later the results were released by Joseph J. Mugan, Esq., of the lawfirm of Kolesar & Leatham, Chtd., who was chosen by Johnson to be the Inspector of Elections for the January vote. The so-called Consipio slate was elected.

On Jan, 20, Judge Elizabeth Gonzalez, who has been presiding over the District Court case, issued an order canceling a hearing that had been scheduled on a motion before her titled Motion on Order Shortening Time Seeking Order of the Court Directing Receiver to Pay Outstanding Debts and to Perfect Claim Against Receivership Pursuant to NRCP 78.

"Given the Stay of proceedings issued by the Nevada Supreme Court on 1/5/12, COURT ORDERED, matter OFF CALENDAR," read Gonzalez' minute order. 

The cancellation indicates that Judge Gonzalez has interpreted the Jan. 5 Supreme Court order to pertain to all Consipio v. Private-related proceedings before the court. 

The remaining three cases before the Supreme Court involve a challenge (#59091) by the plaintiffs to Gonzalez' order appointing the receiver, a challenge (#58128) by the defendants to the Gonzalez ruling in March 2011 granting a motion to dismiss five former directors of Private from the underlying case, and the aforementioned challenge (#58526) by Berth Milton to the lower court's assertion of personal jurisdiction over him.






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