Trustees of the Construction Industry et al v. Concrete Coring of Nevada, Inc. et al
Filing
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ORDER that Plaintiffs Motion to Amend Judgment Against Concrete Coring 20 is GRANTED. The Clerk of the Court enter JUDGMENT in the amount of $8,750.00 for Plaintiffs and against Defendant Concrete Coring of Nevada, Inc. Plaintiffs Motion to Set a Briefing Schedule in Lieu of Joint Pre-Trial Order 21 is GRANTED. The Clerk of the Court re-open the action as to Defendant Old Republic. Signed by Judge Kent J. Dawson on 7/16/12. (Copies have been distributed pursuant to the NEF - ECS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRUSTEES OF THE CONSTRUCTION
INDUSTRY AND LABORERS HEALTH
AND WELFARE TRUST, et al.,
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Plaintiffs,
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ORDER
v.
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Case No. 2:10-CV-01600-KJD-PAL
CONCRETE CORING OF NEVADA,
INC., et al.,
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Defendants.
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Presently before the Court is Plaintiffs’ Motion to Amend Judgment Against Concrete Coring
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(#20). Defendant Concrete Coring of Nevada filed a response in opposition (#24) to which Plaintiffs
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replied (#26). Also before the Court is Plaintiffs’ Motion to Set a Briefing Schedule in Lieu of Joint
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Pre-Trial Order (#21). Defendant Old Republic filed a response (#25) to which Plaintiffs replied
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(#27).
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Plaintiffs seek a judgment for attorneys’ fees that they were unable to include in their motion
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for summary judgment, because they had not yet been incurred. Defendant Concrete Coring argues
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that Plaintiff’s moved too late for an inclusion of attorneys’ fees. However, though judgment had
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been entered against Concrete Coring based on the Court’s granting of Plaintiffs’ motion for
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summary judgment, the entire action should not have been closed. Instead, the Clerk’s Office
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inadvertently closed the case, though Defendant Old Republic still remained in the action.
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Furthermore, ERISA’s non-discretionary fee shifting provision, 29 U.S.C. § 1132(g)(2) allows
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attorney’s fees incurred in post-judgment activities. See also, Plumbers’ Pension F. v. Domas Mech.
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Contractors, 778 F.2d 1266 (7th Cir. 1985). Accordingly, good cause being found, the Court awards
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an additional judgment1 of $8,750.00. Furthermore, the Court grants the motion for a briefing
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schedule on the remaining claim based on this award against Old Republic as surety. If the parties
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are unable to resolve the remaining issues, Plaintiffs shall file their opening brief within thirty (30)
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days of the entry of this order. Defendant Old Republic will file its reply brief within twenty-one
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(21) days of Plaintiffs’ opening brief, and Plaintiffs shall reply within seven (7) days.
Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion to Amend Judgment
Against Concrete Coring (#20) is GRANTED;
IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT in the amount
of $8,750.00 for Plaintiffs and against Defendant Concrete Coring of Nevada, Inc.;
IT IS FURTHER ORDERED that Plaintiffs’ Motion to Set a Briefing Schedule in Lieu of
Joint Pre-Trial Order (#21) is GRANTED;
IT IS FURTHER ORDERED that the Clerk of the Court re-open the action as to Defendant
Old Republic.
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DATED this ______ day of July 2012.
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_____________________________
Kent J. Dawson
United States District Judge
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The Court recognizes that Defendant Concrete Coring has paid the full amount of the
original judgment.
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