Court Clarifies Earlier Stay Order in 'Consipio v. Private'

CARSON CITY, Nev.—The Supreme Court of Nevada issued an order Friday clarifying one of its earlier orders which had so confused everyone associated with the case, including the presiding District Court judge in the underlying Consipio v. Private case, that several motions were filed earlier this month seeking clarification of the original order.

The earlier Jan. 5, 2012, order had stayed “the underlying district court proceedings in District Court Case No. A622802, pending further order of this court.” District Court Judge Elizabeth Gonzalez interpreted the Jan. 5 order to apply to all Consipio-related matters before her and put an immediate halt to any proceedings related to the case.

“That decision prompted attorneys representing Consipio and its co-litigants to file an Emergency Motion for Clarification with the Supreme Court on Tuesday,” AVN reported earlier this month. “The attorney for former Private CEO Berth Milton [also] filed a response to the emergency motion with the same court.” Private’s court-appointed receiver, Eric Johnson, filed a separate motion “for the purpose of joining in the clarification motion.”

Friday, the full court issued a clarification that stated, “As an initial matter, we grant Johnson's motion to intervene for the limited purpose of joining in the motions for clarification. Further, having considered the clarification motions, joinder, and opposition, we grant the motions. Accordingly, we clarify our January 5, 2012, stay order entered in Docket No. 58526 to provide that the district court proceedings in Eighth Judicial District Court Case No. A622802 are stayed only as to petitioner Berth H. Milton, Jr.”

Friday’s order added, “Neither our January 5, 2012, order nor this order affect the October 12, 2011, order granting in part and denying in part the renewed motion for stay brought in Docket No. 59091.” The Oct. 12 order denied a motion to stay the appointment of the receiver, but also instructed the receiver or his attorney not to interfere in the relationship between the “appellant and its counsel.”

The most recent ruling puts to rest the attempt by Berth Milton’s attorney, John S. Delikanakis, to have the high court agree that “the most obvious effect of this Court's permanent stay order of January 5, 2012 [is] that control of Private Media Group, Inc. is vested in that company's board of directors, as constituted on January 5, 2012.”

Instead, day-to-day control of Private will remain with Johnson until March 5, when the Supreme Court has scheduled an hour and a half of testimony on the remaining three Consipio v. Private-related cases still pending before it. Following that unprecedented day, it is expected that the justices will issues final rulings that decide once and for all the most contentious issues underlying this interminable case that has at least in part helped render one of the great European adult brands a shell of its former self.