Board of Trustees of the Painters and Floorcoverers Joint Committee v. FF&E Refinishing NV, LLC

1 CHRISTENSEN JAMES & MARTIN, CHTD.

Kevin B. Christensen, Esq. (175) Wesley J. Smith, Esq. (11871) Kevin B. Archibald, Esq. (13817) 7440 W. Sahara Avenue Las Vegas, Nevada 89117 Telephone: (702) 255-1718 Facsimile: (702) 255-0871 [email protected], [email protected], [email protected], Attorneys for Plaintiffs Board of Trustees of the Painters & Floorcoverers Joint Committee, et al.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * * * BOARD OF TRUSTEES OF THE PAINTERS CASE NO.: 2:19-cv-02056 AND FLOORCOVERERS JOINT COMMITTEE; BOARD OF TRUSTEES OF THE EMPLOYEE PAINTERS’ TRUST; STIPULATION AND ORDER FOR BOARD OF TRUSTEES OF THE PAINTERS, EXTENSION OF TIME TO FILE GLAZIERS AND FLOORCOVERERS JOINT RESPONSIVE PLEADINGS AND APPRENTICESHIP AND JOURNEYMAN CONSENT TO AUDIT TRAINING TRUST; BOARD OF TRUSTEES OF THE PAINTERS, GLAZIERS AND FLOORCOVERERS SAFETY TRAINING TRUST FUND; BOARD OF TRUSTEES OF Date: N/A THE SOUTHERN NEVADA PAINTERS AND Time: N/A DECORATORS AND GLAZIERS LABOR- MANAGEMENT COOPERATION COMMITTEE TRUST; BOARD OF TRUSTEES OF THE SOUTHERN NEVADA GLAZIERS AND FABRICATORS PENSION TRUST FUND; PDCA/FCA INDUSTRY PROMOTION FUND; PAINTERS ORGANIZING FUND; SOUTHERN NEVADA PAINTERS AND GLAZIERS MARKET RECOVERY TRUST FUND; BOARD OF TRUSTEES OF THE INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND; BOARD OF TRUSTEES OF THE FINISHING TRADES INSTITUTE; PAINTERS AND ALLIED TRADES LABOR-MANAGEMENT COOPERATION INITIATIVE; and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 16, 27 Plaintiffs, vs. FF&E REFINISHING NV, LLC, a Nevada limited-liability company; FF&E REFINISHING, LLC, a Georgia limited- liability company; ROBERT MARIO INSENGA, an individual; ARIA RESORT & CASINO HOLDINGS, LLC, a Nevada limited- liability company; JOHN DOES I-XX, inclusive; and ROE ENTITIES I-XX, inclusive, Defendants.

8 The Plaintiffs, acting by and through their counsel, Christensen James & Martin, Chtd., and Defendants FF&E Refinishing NV, LLC (“FF&E Refinishing NV”), FF&E Refinishing, LLC (“FF&E Refinishing”), Robert Mario Insenga (“R Insenga”) (FF&E Refinishing NV, FF&E Refinishing and R Insenga collectively referred to herein as the “FF&E Defendants”) and Aria Resort & Casino Holdings, LLC (“Aria”) (the FF&E Defendants and Aria collectively referred to herein as the “Defendants”) (Plaintiffs and Defendants collectively referred to herein as the “Parties”) hereby Stipulate, Agree and Request this Court’s Order as follows: 15 1. This matter is currently pending before the above-entitled Court and has not been scheduled for trial. There are no summary judgment or dispositive motions pending before the Court.

18 2. The Defendants hereby acknowledge that they were each served with, or accepted service of, Plaintiffs’ Summons and Complaint in the above-entitled matter as of January 29, 2020; 21 3. The Parties are negotiating a resolution of their claims and defenses, but have not yet finalized those negotiations.

23 4. The Defendants shall have until March 30, 2020, to file their responsive pleadings, which extension is intended to allow the Parties additional time in which to exchange documents and information and attempt to reach a resolution of their claims and defenses. This is the first request for an extension of time to file responsive pleadings and is not requested to cause delay or for any other improper purpose.

2 5. The Plaintiffs have requested, and the FF&E Defendants hereby agree, that the FF&E Defendants shall submit to a payroll compliance audit (“Audit”) and provide the payroll and related records in their possession or control showing the work performed by FF&E Refinishing NV and/or FF&E Refinishing at the Aria Resort and Casino (“Audit Documents”).

6 6. The FF&E Defendants shall provide all Audit Documents to counsel for the Plaintiffs, Christensen James & Martin, Chtd., located at 7440 West Sahara Avenue, Las Vegas, NV 89117, on or before February 10, 2020. The FF&E Defendants also agree to provide within a reasonable time any other documents requested by the Plaintiffs that may be necessary to perform the Audit.

11 7. The Plaintiffs, as employee benefit trust funds governed by the Employee Retirement Security Act, have the right to audit a signatory’s records to ensure compliance with the terms and conditions of the applicable collectively bargained agreement and trust agreements.

15 8. This Stipulation is made in an effort to avoid protracted litigation with accompanying costs and is not an admission of liability, nor is this Stipulation a modification of any collective bargaining agreement or trust agreement.

18 9. The Parties agree that this Case shall be stayed until March 30, 2020, to allow the FF&E Defendants time in which to provide the Audit Documents to the Plaintiffs, to allow the Plaintiffs additional time to perform the Audit and to allow the Parties additional time in which to resolve their claims and defenses. If the Parties cannot resolve their claims and defenses, then they will be required to litigate this matter in the ordinary course, and the Defendants shall be required to file and serve responsive pleadings by March 30, 2020.

24 10. The stay, as proposed herein, does not apply to any motions that may be brought by Plaintiffs to compel compliance with this Stipulation.

26 11. The Defendants acknowledge and assert that they have had an opportunity to discuss this Stipulation and the effects that it has or may have with the attorney of their choice, that they accept the consequences of entering into this Stipulation and that for the limited || purpose of entering this Stipulation, they have chosen to appear pro se.

3 12. The Defendants acknowledge further that should settlement negotiations 4|| between the Parties fail and the Defendants be required to file responsive pleadings, then Aria, 5||FF&E Refinishing NV and FF&E Refinishing, LLC may only appear in the Case through 6|| licensed counsel pursuant to Rowland v. California Men’s Colony, 506 U.S. 194 (1993) and U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (1993).

8 || Christensen James & Martin, Chtd. FF&E Refinishing NV, LLC by □□ By: ~ evin B. Afchibald, Esq. Robert Mario Insenga, its Nevada Bar No. 11871 7440 W. Sahara Avenue Dated this day of January, 2020. az ll Las Vegas, Nevada 89117 Telephone: (702) 255-1718 FF&E Refinishing, LLC 12 Email: [email protected] Attorneys for Board of Trustees By: > 13 of the Painters & Floorcoverers Joint Robert Mario Insenga, its 4 Committee, et al. >, gt Dated this day of January, 2020.

Ze Dated this_> | day of January, 2020.

15 Robert Mario Insenga = a 16 Aria Resort & Casino Holdings, LLC a = By: ze 17 Dated this day of January, 2020. = Name: — ~ 18 Title: Dated this day of January, 2020. a1 ORDER IT IS SO ORDERED.

5 UNITED STATES MAGISTRATE JUDGE 6 Dated: -4.

1 |] that they accept the consequences of entering into this Stipulation and that for the limited 2|| purpose of entering this Stipulation, they have chosen to appear pro se.

3 12. The Defendants acknowledge further that should settlement negotiations between the Parties fail and the Defendants be required to file responsive pleadings, then Aria, 3|| FF&E Refinishing NV and FF&E Refinishing, LLC may only appear in the Case through licensed counsel pursuant to Rowland v. California Men's Colony, 506 U.S. 194 (1993) and v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (1993).

8 Christensen James & Martin, Chtd. FF&E Refinis ing NY, LLC OO nate 97] By: By: ae fon Kevin B. Archibald, Esq. Robett Mario Insenga, its _/4.< Nevada Bar No. 11871 LZ = 7440 W, Sahara Avenue Dated this_¢/__ day of January, 2020.

2 ll Las Vegas, Nevada 89117 .

Telephone: (702) 255-1718 FF&E Refinishing, LEC = 12 Email: [email protected] a fi Attorneys for Board of Trustees By: xe _t x 13 of the Painters & Floorcoverers Joint __ Rebéri/Mario’Insenga, its _7Z., = Commitiee, et al. 3 a . = 14 Dated this / day of January, 2020.

Dated this day of January, 2020, - 15 Robert-MarjoInsertga Aria Resort & Casino Holdings, LLC on TUE, . a Sg) ef = By: i 17 Ce this Jf day of January, 2020.

Name: Title: Dated this day of January, 2020.

ORDER IT IS SO ORDERED.

25 UNITED STATES MAGISTRATE JUDGE 26 Dated: 1|| that they accept the consequences of entering into this Stipulation and that for the limited purpose of entering this Stipulation, they have chosen to appear pro se.

3 12. The Defendants acknowledge further that should settlement negotiations between the Parties fail and the Defendants be required to file responsive pleadings, then Aria, FF&E Refinishing NV and FF&E Refinishing, LLC may only appear in the Case through 6|| licensed counsel pursuant to Rowland v. California Men’s Colony, 506 U.S. 194 (1993) and 7|| U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (1993).

8 || Christensen James & Martin, Chtd. FF&E Refinishing NV, LLC By: By: ~ Kevin B. Archibald, Esq. Robert Mario Insenga, its = 10 Nevada Bar No. 11871 oo 7440 W. Sahara Avenue Dated this day of January, 2020. ag ll Las Vegas, Nevada 89117 fa Telephone: (702) 255-1718 FF&E Refinishing, LLC 12 Email: [email protected] s& Attorneys for Board of Trustees By: > 13 of the Painters & Floorcoverers Joint Robert Mario Insenga, its Committee, et al.

14 Dated this day of January, 2020.

Dated this day of January, 2020.

15 Robert Mario Insenga a 6 Aria Resort & Casino Holdings, LLC Dated this ay of January, .

18 Name: Ae ley □ O ‘ vo | Title: Anttwttzed “Kepresentative Dated this , 3} 57 day of January, 2020.

1 QRDER IT IS SO ORDERED.

23 .

24 pn la Are Ean, 5 . UNITED STATES MAGISTRATE JUDGE 2/4/2020 26 Dated: : -4-