Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Patton & Patton Marble & Granite, Inc. et al

Filing 48

ORDER Denying 44 Proposed Order Submission. Signed by Judge Edward C. Reed, Jr on 12/13/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TRUSTEES OF THE BRICKLAYERS &
8 ALLIED CRAFTWORKERS LOCAL 13
DEFINED CONTRIBUTION PENSION
9 TRUST FOR SOUTHERN NEVADA, et al,

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Plaintiffs,
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11 vs.
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12 PATTON & PATTON MARBLE & GRANITE, )
INC., a Nevada corporation; SHEREE )
13 PATTON, individually; BILLY
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PATTON, individually; and ROBERT
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14 TURNER, individually,
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Defendants.
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2:10-cv-01867-ECR-RJJ

Order

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On September 9, 2011, the Court issued an Amended Order (#43)
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granting in part and denying in part Plaintiff’s Motion for Summary
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Judgment, incorporating findings of fact and conclusions of law.

On

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September 15, 2011, Plaintiffs filed a proposed order and judgment
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(#44).

We have previously indicated in our Order (#43) that

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judgment shall not be entered until all parties and all claims have
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been adjudicated.
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The Court denied summary judgment against Defendant Billy
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Patton, and the action is stayed against Defendant Robert Turner due
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to bankruptcy.

It appears that Defendant Billy Patton has not

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participated in the action after withdrawal of counsel, and
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1 Plaintiffs may seek appropriate relief in the form of a default.
2 The Court declines to enter judgment at this time while the action
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Plaintiffs’ proposed order and judgment (#44), which we

5 treat as a motion for entry of judgment, is DENIED.
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7 DATE: December 13, 2011.
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UNITED STATES DISTRICT JUDGE

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