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

District Court, D. Nevada

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

Trial Court Opinion

1 || GRIFFITH H. HAYES, ESQ. Nevada Bar No. 7374 2 || DANIEL B. CANTOR, ESQ. Nevada Bar No. 14180 3 || LITCHFIELD CAVO LLP 3993 Howard Hughes Parkway, Suite 100 4 || Las Vegas, Nevada 89169 Telephone: (702) 949-3100 5 || Facsimile: (702) 916-1776 [email protected] 6 || [email protected] 7 || Attorneys for Defendants FF&E Refinishing NV, LLC, 8 FF&E Refinishing, LLC and Robert Mario Insenga 9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA BOARD OF TRUSTEES OF THE PAINTERS | CASE NO.: 2:19-CV-02056-JCM-BNW 1] AND FLOOR COVERERS JOINT COMMITTEE; BOARD OF TRUSTEES OF 12 || THE EMPLOYEE PAINTERS’ TRUST; STIPULATION AND ORDER TO: || BOARD OF TRUSTEES OF THE PAINTERS, 1. EXTEND TIME FOR PLAINTIFF 13 || GLAZIERS AND FLOORCOVERERS JOINT TO AMEND THEIR COMPLAINT APRENTICESHIP AND JOURNEYMAN AND 14 || TRAINING TRUST; BOARD OF TRUSTEES 2. DELAY THE START OF OF THE PAINTERS, GLAZIERS AND DISCOVERY FOR FOURTEEN 15 || FLOORCOVERERS SAFETY TRAINING (14) DAYS PENDING TRUST FUND ; BOARD OF TRUSTEES OF SETTLEMENT NEGOTIATIONS 16 || THE SOUTHERN NEVADA PAINTERS AND DECORATORS AND GLAZIERS LABOR- 17 || MANAGEMENT COOPERATION COMMITTEE TRUST; BOARD OF 18 || TRUSTEES OF THE SOUTHERN NEVADA GLAZIERS AND FABRICATORS PENSION 19 || TRUST FUND; PDCA/FCA INDUSTRY PROMOTION FUND; PAINTERS 20 || ORGANIZING FUND; SOUTHERN NEVADA PAINTERS AND GLAZIERS MARKET 21 RECOVERY TRUST FUND; BOARD OF TRUSTEES OF THE INTERNATIONAL 22 || PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND; BOARD OF 23 || TRUSTEES OF THE FINISHING TRADES INSTITUTE; PAINTERS AND ALLIED 24 || TRADES LABOR-MANAGEMENT COOPERATION INITIATIVE; and 25 INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 16, 27 Plaintiffs, Vv. 28

FF&E REFINISHING NV, LLC, a Nevada 1 limited-liability company; FF&E REFINISHING, LLC, a Georgia limited- 2 liability company; ROBERT MARIO INSENGA, an individual; ARIA RESORT & 3 || CASINO HOLDINGS, LLC, a Nevada limited- liability company; JOHN DOES I-Xx, 4 inclusive; and ROE ENTITIES I-XX, inclusive, 5 Defendants. 6 7 8 It is hereby stipulated by and between the parties through their counsel, Plaintiffs (“Plaintiffs”) 9 || Defendant Aria Resort & Casino LLC (“Aria”), and Defendants FF&E Refinishing NV, LLC (“FF&E 10 || Refinishing NV”), FF&E Refinishing, LLC (‘FF&E Refinishing”) and Robert Mario Inseng: 11 || (Insenga”)(FF&E Refinishing NV, FF&E Refinishing and Insenga collectively referred to as “FF&E 12 || Defendants”) and non-party Markel Surety dba SureTec Insurance Company/SureTec Indemnit: 13 || Company! (“SureTec”)(Plaintiffs, Aria, SureTec, and FF&E Defendants are collectively referred to a 14 || the “Parties’”) as follows: 15 1, The Parties are currently engaged in settlement negotiations in the hope of completel: 16 || resolving the instant litigation. The Parties have agreed that if there is no settlement, Plaintiffs will hav 17 || until June 4, 2020 to file an amended complaint to, inter alia, assert causes of action against □□□□□□□ 18 || regarding enforcement of a certain bond, no. 3406804 (the “Bond”). The Parties also agree that am 19 || applicable statute of limitations that would apply to any of Plaintiffs’ Enforcement and Collection claim 20 || against the Bond shall be tolled through June 4, 2020. 2] 2. Plaintiffs reserve all rights against the Bond. SureTec reserves all of its rights an 22 || defenses as to the Bond, including but not limited to, the defense that the Plaintiffs’ collection right 23 || under the Bond are limited by the terms of the Bond. 24 3. The Parties have also agreed to briefly delay the start of discovery to June 5, 2020. 25 4, The Parties agree that no prejudice will result to any party by agreeing to the terms o 26 || this Stipulation. 27 ||). ' SureTec is not a named party in this Case and acknowledges that should it be required to formally make an appearance 28 || herein, beyond its limited appearance for purposes of this Stipulation only, it will do so through licensed counsel pursuant to U.S. v. High Country Broadcasting Co., Inc.,

3 F.3d 1244

(1993).

1 5. This Stipulation promotes the interest of judicial economy and efficiency and in no w 2 || affects this case from proceeding efficiently and does not change any potential trial date. 3 Dated: May 27, 2020 LITCHFIELD CAVO LLP 4 By:___/s/ Daniel B. Cantor, Esq. GRIFFITH H. HAYES, ESQ. 5 Nevada Bar No. 7374 DANIEL B. CANTOR, ESQ. 6 Nevada Bar No. 14180 3993 Howard Hughes Parkway, Suite 100 7 Las Vegas, Nevada 89169 T: 702-949-3100/F: 702-916-1779 8 [email protected] Zimmer @LitchfieldCavo.com 9 Attorneys for Plaintiff 10 Dated: May 27, 2020 CHRISTENSEN JAMES & MARTIN, CHTD. 11 By: __/s/ Kevin B. Archibald, Esq. KEVIN B. ARCHIBALD, ESQ. 12 Nevada Bar No. 13817 7440 W. Sahara Avenue 13 Las Vegas, Nevada 89117 T: 702-255-1718 14 [email protected] Attorneys for Plaintiffs, Board of Trustees of the 15 Painters & Floorcoverers Joint Committee, et al. 16 Dated: May 27, 202 MGM RESORTS INTERNATIONAL 17 By: __/s/ Kelly R. Kichline, Esg. KELLY R. KICHLINE, ESQ. 18 Nevada Bar No. 10642 6385 S. Rainbow Blvd, Suite 500 19 Las Vegas, NV 89118 T: 702-692-5651 20 [email protected] Attorneys for Defendant Aria Resort & Casino 21 LLC 22 Dated: May 27, 2020 MARKEL SURETY dba SURETEC INSURANC COMPANY/SURETEC INDEMNITY COMPANY 23 By: 24 Cynthia Vincent, 25 IT IS SO ORDERED. 26 Date; YUNe , 2020. 27 Li. 2 | Q 28 ited States Magistrate Judge □ ty

1 5, This Stipulation promotes the interest of judicial economy and efficiency and in no way 2 || affects this case from proceeding efficiently and does not change any potential trial date. 3 Dated: May 27, 2020 LITCHFIELD CAVO LLP 4 By:___/s/ Daniel B. Cantor, Esq. GRIFFITH H. HAYES, ESQ. 5 Nevada Bar No. 7374 DANIEL B. CANTOR, ESQ. 6 Nevada Bar No. 14180 3993 Howard Hughes Parkway, Suite 100 7 Las Vegas, Nevada 89169 T: 702-949-3100/F: 702-916-1779 8 [email protected] [email protected] 9 Attorneys for Plaintiff 10 Dated: May 27, 2020 CHRISTENSEN JAMES & MARTIN, CHTD. 11 By KEVIN B. ARCHIBALD, ESQ. 12 Nevada Bar No. 13817 7440 W. Sahara Avenue 13 Las Vegas, Nevada 89117 T: 702-255-1718 14 [email protected] Attorneys for Plaintiffs, Board of Trustees of the 15 Painters & Floorcoverers Joint Committee, et al. 16 Dated: May 27, 202 MGM RESORTS INTERNATIONAL 17 By: KELLY R. KICHLINE, ESQ. 18 Nevada Bar No. 10642 6385 S. Rainbow Blvd, Suite 500 19 Las Vegas, NV 89118 T: 702-692-5651 20 [email protected] Attorneys for Defendant Aria Resort & Casino 21 ELC 22 Dated: May 27, 2020 MARKEL SURETY dba SURETEC INSURANCE COMPANY/SURETEC INDEMNITY COMPANY 23 . . By: _Cynehia (J. Vincent 24 Cynthia Vincent, its_ Authorized Representative _ 25 IT IS SO ORDERED. 26 Date: , 2020. 27 28 United States Magistrate Judge

Reference

Status
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