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, et al., 12 STIPULATION AND ORDER FOR Plaintiffs, EXTENSION OF TIME TO FILE 13 RESPONSIVE PLEADINGS vs. [Second Request] FF&E REFINISHING NV, LLC, et al., 15 Date: N/A Defendants. Time: N/A 17 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: 24 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.

27 2. On January 31, 2020, the Parties entered into a Stipulation and Order for Extension of Time to File Responsive Pleadings and Consent to Audit [ECF 7], which was approved by this Court’s Order filed on February 4, 2020 [ECF 8]. The Order required the FF&E Defendants to provide the payroll and related records in their possession or control to the Plaintiffs showing the work performed by FF&E Refinishing NV and/or FF&E Refinishing at the Aria Resort and Casino (“Audit Documents”) so that the Plaintiffs could perform a payroll compliance audit (“Audit”). The Order also allowed the Defendants until March 30, 2020, to file their responsive pleadings, which extension was requested to allow the Parties additional time in which to exchange documents and information, to have the Audit performed and to attempt to reach a resolution of their claims and defenses.

10 3. The FF&E Defendants provided the Audit Documents to the Plaintiffs on February 24, 2020. The Plaintiffs’ third-party Auditor performed the Audit and issued an Audit Report on March 25, 2020.

13 4. The Parties request that the Defendants have until May 1, 2020, to file their responsive pleadings, which extension is intended to allow the Parties additional time in which to review the Audit Report and attempt to reach a resolution of their claims and defenses. This is the second request for an extension of time to file responsive pleadings and is not requested to cause delay or for any other improper purpose.

18 5. 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.

21 6. The Parties agree that this Case shall be stayed until May 1, 2020, to allow the Defendants time in which to review the Audit Report 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 May 1, 2020.

26 7. 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, 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 8. The Defendants acknowledge further that should settlement negotiations || 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 licensed counsel pursuant to Rowland v. California Men’s Colony, 506 U.S. 194 (1993) and 7\|| U.S. y. High Country Broadcasting Co., Inc., 3 F.3d 1244 (1993).

Christensen James & Martin, Chtd. FF&E Refinishing NV, LLC By □□ By KevinB-Archibald, Esq. Robert Mario Insenga, its President 10 Nevada Bar No. 11871 7440 W. Sahara Avenue Dated this day of March, 2020.

Las Vegas, Nevada 89117 Telephone: (702) 255-1718 Email: [email protected] FF&E Refinishing, LLC Attorneys for Board of Trustees 13 of the Painters & Floorcoverers Joint By: 4 Committee, et al. Robert Mario Insenga, its President || Dated this 30? tay of March, 2020. Dated this day of March, 2020.

16]| Aria Resort & Casino Holdings, LLC Robert Mario Insenga £17 By Ashley Eddy, Authorized Representative 18 Dated this day of March, 2020.

19 Dated this day of March, 2020.

20 ORDER IT IS SO ORDERED. .

23 LZ gm Le Use 4 ITED STATES MAGISTRATE JUDGE ~- 25 Dated: 4/2070 -3- 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 8. 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 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: Kevin B. Archibald, Esq. Robert Mario Insenga, its President Nevada Bar No. 11871 7440 W. Sahara Avenue Dated this day of March, 2020.

11 Las Vegas, Nevada 89117 Telephone: (702) 255-1718 Email: [email protected] FF&E Refinishing, LLC Attorneys for Board of Trustees of the Painters & Floorcoverers Joint By: Committee, et al. Robert Mario Insenga, its President Dated this day of March, 2020. Dated this day of March, 2020.

16 Aria Resort & Casino Holdings, LLC Robert Mario Insenga By: Ashley Eddy, Authorized Representative 18 Dated this day of March, 2020.

27th Dated this day of March, 2020.

ORDER IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE 25 Dated: 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 8. 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 7|| U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (1993).

Christensen James & Martin, Chtd. FE&E Refinishing NV, LLC 9|| By: By: JZ ~ Kevin B. Archibald, Esq. RobertMario Insenga, its President = 10 Nevada Bar No. 11871 st 7440 W. Sahara Avenue Dated this_3| day of March, 2020. ag ll Las Vegas, Nevada 89117 Telephone: (702) 255-1718 12 Email: [email protected] - FF& ishing, LLC Attorneys for Board of Trustees Sz 13 of the Painters & Floorcoverers Joint By: 4 Committee, et al. Robért Mario Insenga, its President g (3 Dated this day of March, 2020. Dated this day of March, 2020.

S 16]| Aria Resort & Casino Holdings, LLC Robe arjoinsenga = Ashley Eddy, Authorized Representative st = 18 this day of March, 2020.

15 Dated this day of March, 2020.

20 ORDER IT IS SO ORDERED.

4 UNITED STATES MAGISTRATE JUDGE 25 Dated. -3-