Collins et al v. Laborers International Union of North America Local No 872 et al

Filing 99

ORDER Granting 97 Motion to Continue Magistrate Judge Hearing. Motion Hearing set for 8/30/2012 01:00 PM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. Signed by Magistrate Judge Carl W. Hoffman on 8/8/2012. (Copies have been distributed pursuant to the NEF - SLR)

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Berna L. Rhodes-Ford, Esq.
Nevada Bar No. 7879
Melissa I. Bright, Esq.
Nevada Bar No. 12336
RHODES-FORD & ASSOCIATES, P.C.
701 N. Green Valley Parkway, Suite 200
Henderson, Nevada 89074
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs
Gene Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda
Woods, Floppy Mop, Inc., Blue Chip Enterprises, Inc.

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UNITED STATES DISTRICT COURT

701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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DISTRICT OF NEVADA

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GENE COLLINS, an individual doing
business as SOUTHERN NEVADA
FLAGGERS & BARRICADES; SIX STAR
CLEANING & CARPET SERVICE, INC., a
Nevada corporation; YOLANDA WOODS,
an individual doing business as STEP BY
STEP CLEANING SERVICE INC.,
FLOPPY MOP, INC., a Nevada corporation,
BLUE CHIP ENTERPRISES, INC. a
Nevada corporation, DOES I through X; and
ROE ENTITIES I through X,

CASE NO. 2:11-cv-00524-LDG-CWH
PLAINTIFFS’ MOTION TO CONTINUE
HEARING

Plaintiffs,

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vs.

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LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 872;
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 702;
TOMMY WHITE, an individual; DOES I
through X; and ROE ENTITIES I through
X,

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Defendants.

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Plaintiffs Gene Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda Woods,

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Floppy Mop, Inc., Blue Chip Enterprises, Inc. (“Plaintiffs”), respectfully move this Court for an

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Order continuing the hearing set for August 14, 2012 at 9:30 a.m.

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This Motion is made and based upon the pleadings and papers on file with the Court, and any

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other evidence the Court may consider.

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Dated August 7, 2012.
RHODES-FORD & ASSOCIATES, P.C.

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By: /s/ Berna L. Rhodes-Ford
Berna L. Rhodes-Ford, Esq.
Nevada Bar No. 7879
Melissa I. Bright, Esq.
Nevada Bar No. 12336
701 N. Green Valley Parkway, Suite 200
Henderson, NV 89074

701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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Attorneys for Plaintiff

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PLAINTIFFS’ MOTION TO CONTINUE HEARING

I.

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FACTUAL BACKGROUND

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This case is currently set for a Hearing for Plaintiffs Motion to Laborers Joint Trust

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Funds’ Compliance with Subpoena Duces Tecum (#67), Cross-Motion to Quash Subpoena

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(#69), Plaintiffs’ Motion to Compel Discovery Responses (#71), First Plaintiffs’ Motion for

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Sanctions in Response to Defendants’ Spoliation of Evidence (#78), and Plaintiffs’ Motion to

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Strike Evidence Used in Support of Defendants’ Motion for Summary Judgment that Should

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Have Been Disclosed During Discovery (#85).

Defendants, but has talked to Roberta Perkins at the direction of Ms. Hillman’s office. See

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Counsel has not been able to get into contact with Kristina Hillman, counsel for

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Rhodes-Ford & Associates, P.C.

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Declaration of Berna L. Rhodes-Ford at ¶7, attached hereto as “Exhibit A” & Declaration of

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Melissa I. Bright at ¶6, attached hereto as “Exhibit B.” Ms. Perkins stated that only Ms. Hillman

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or David Rosenfeld could approve a continuance. Exhibit A at ¶8. However, she could provide

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available dates for Ms. Hillman in the event the hearing was continued. Id. at ¶9. Counsel has

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been in contact with Bryce Loveland who is Counsel for Southern Nevada Laborers Local 872

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Training Trust. Exhibit B at ¶7. Mr. Loveland agreed to stipulate to continue and provided dates

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that he is available. Id. at ¶8. According to the dates that were provided to Plaintiffs’ Counsel,

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all parties will be available for a hearing if it is scheduled for August 29, August 30, or

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September 5. Accordingly, Plaintiffs respectfully request that the Court continue the hearing

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currently scheduled for August 14, 2012 to a date to include any of the aforementioned.

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PLAINTIFFS’ MOTION TO CONTINUE HEARING

II.

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CONCLUSION

Based upon the foregoing, the Plaintiffs respectfully request this Honorable Court to
continue the Hearing to a date convenient to the Court.
Dated: August 7, 2012
RHODES-FORD & ASSOCIATES, P.C.

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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By: /s/ Berna L. Rhodes-Ford
Berna L. Rhodes-Ford, Esq.
Nevada Bar No. 7879
Melissa I. Bright, Esq.
Nevada Bar No. 12336
701 N. Green Valley Parkway, Suite 200
Henderson, NV 89074

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Attorneys for Plaintiffs

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PLAINTIFFS’ MOTION TO CONTINUE HEARING

EXHIBIT A

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Berna L. Rhodes-Ford, Esq.
Nevada Bar No. 7879
Melissa I. Bright, Esq.
Nevada Bar No. 12336
RHODES-FORD & ASSOCIATES, P.C.
701 N. Green Valley Parkway, Suite 200
Henderson, Nevada 89074
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs
Gene Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda
Woods, Floppy Mop, Inc., Blue Chip Enterprises, Inc.

701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

UNITED STATES DISTRICT COURT

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Rhodes-Ford & Associates, P.C.

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DISTRICT OF NEVADA

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GENE COLLINS, an individual doing
business as SOUTHERN NEVADA
FLAGGERS & BARRICADES; SIX STAR
CLEANING & CARPET SERVICE, INC., a
Nevada corporation; YOLANDA WOODS,
an individual doing business as STEP BY
STEP CLEANING SERVICE INC.,
FLOPPY MOP, INC., a Nevada corporation,
BLUE CHIP ENTERPRISES, INC. a
Nevada corporation, DOES I through X; and
ROE ENTITIES I through X,

CASE NO. 2:11-cv-00524-LDG-CWH
DECLARATION OF BERNA L.
RHODES-FORD IN SUPPORT OF
PLAINTIFFS’ MOTION TO CONTINUE
HEARING

Plaintiffs,

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vs.

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LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 872;
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 702;
TOMMY WHITE, an individual; DOES I
through X; and ROE ENTITIES I through
X,

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Defendants.

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Counsel for Plaintiffs, Berna L. Rhodes-Ford, submits this declaration in support of

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Plaintiffs’ Motion to Continue Hearing.

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STATE OF NEVADA

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COUNTY OF CLARK

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I, BERNA L. RHODES-FORD, declare as follows:

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1.

I am an attorney licensed to practice law in the State of Nevada and am an

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attorney at the law firm of Rhodes-Ford & Associates, P.C., representing Plaintiffs Gene

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Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda Woods, Floppy Mop, Inc., and Blue

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Chip Enterprises, Inc. in the above-captioned matter.

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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2.

I have personal knowledge of the facts stated in this declaration, except as

otherwise indicated, and I am competent to so testify. If called upon to testify, I could and
would competently testify to the facts set forth herein.

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3.

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Hearing.

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4.

There is a hearing scheduled for August 14, 2012 at 9:30 a.m.

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5.

I will be out of the country from August 12, 2012 through August 19, 2012 and,

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therefore, cannot attend the hearing as currently scheduled.

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6.

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On August 6, 2012, I spoke to Roberta Perkins, who stated she was returning the

call that my office had placed to Kristina Hillman’s office.

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Given prior client commitments, I am also not available for August 21 through

August 22 and August 28, 2012.

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This declaration is submitted in support of Plaintiffs’ Motion to Continue

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Ms. Perkins stated she did not have authority to agree to stipulate to a

continuance and that only Ms. Hillman or David Rosenfeld have such authority.

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DECLARATION OF BERNA L. RHODES-FORD
IN SUPPORT OF MOTION TO CONTINUE
HEARING

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Ms. Perkins provided dates that Kristina Hillman is available:

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August 23 through August 24

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August 29 through August 31

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September 5

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September 11

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September 13 through September 14.

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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10.

This request for a continuance is not for the purpose of delay.

DATED August 7, 2012.
__/s/ Berna L. Rhodes-Ford_______________
Berna L. Rhodes-Ford

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DECLARATION OF BERNA L. RHODES-FORD
IN SUPPORT OF MOTION TO CONTINUE
HEARING

EXHIBIT B

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Berna L. Rhodes-Ford, Esq.
Nevada Bar No. 7879
Melissa I. Bright, Esq.
Nevada Bar No. 12336
RHODES-FORD & ASSOCIATES, P.C.
701 N. Green Valley Parkway, Suite 200
Henderson, Nevada 89074
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs
Gene Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda
Woods, Floppy Mop, Inc., Blue Chip Enterprises, Inc.

701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

UNITED STATES DISTRICT COURT

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Rhodes-Ford & Associates, P.C.

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DISTRICT OF NEVADA

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GENE COLLINS, an individual doing
business as SOUTHERN NEVADA
FLAGGERS & BARRICADES; SIX STAR
CLEANING & CARPET SERVICE, INC., a
Nevada corporation; YOLANDA WOODS,
an individual doing business as STEP BY
STEP CLEANING SERVICE INC.,
FLOPPY MOP, INC., a Nevada corporation,
BLUE CHIP ENTERPRISES, INC. a
Nevada corporation, DOES I through X; and
ROE ENTITIES I through X,

CASE NO. 2:11-cv-00524-LDG-CWH
DECLARATION OF MELISSA I.
BRIGHT IN SUPPORT OF PLAINTIFFS’
MOTION TO CONTINUE HEARING

Plaintiffs,

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vs.

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LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 872;
LABORERS INTERNATIONAL UNION
OF NORTH AMERICA LOCAL NO. 702;
TOMMY WHITE, an individual; DOES I
through X; and ROE ENTITIES I through
X,

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Defendants.

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Counsel for Plaintiffs, Melissa I. Bright, submits this declaration in support of Plaintiffs’

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Motion to Continue Hearing.

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STATE OF NEVADA

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COUNTY OF CLARK

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I, MELISSA I. BRIGHT, declare as follows:

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1.

I am an attorney licensed to practice law in the State of Nevada and am an

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attorney at the law firm of Rhodes-Ford & Associates, P.C., representing Plaintiffs Gene

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Collins, Six Star Cleaning & Carpet Service, Inc., Yolanda Woods, Floppy Mop, Inc., and Blue

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Chip Enterprises, Inc. in the above-captioned matter.

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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2.

I have personal knowledge of the facts stated in this declaration, except as

otherwise indicated, and I am competent to so testify. If called upon to testify, I could and
would competently testify to the facts set forth herein.

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3.

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Hearing.

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4.

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This declaration is submitted in support of Plaintiffs’ Motion to Continue

There is a hearing scheduled for August 14, 2012 at 9:30 a.m. Ms. Rhodes-Ford

is not available on that date.

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5.

On August 3, 2012, I called Kristina Hillman’s office regarding continuing the

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hearing. The assistant advised me that Ms. Hillman is out of the office until August 13, 2012,

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and that she would e-mail Ms. Hillman with my message.

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6.

On August 3, 2012, Roberta Perkins returned my call to Kristina Hillman’s

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office. Ms. Perkins also stated she would email Ms. Hillman with our request to continue, but

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she was not sure when or if Ms. Hillman would get back to her. Ms. Perkins also advised that I

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could contact her in regards to the case until Ms. Hillman’s returns on August 13, 2012.

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7.
Trust Fund.

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I contacted Bryce Loveland, counsel for Southern Nevada Laborers Local 872

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Mr. Loveland stated that he would stipulate to a continuance and informed me

that he is not available on August 20 through August 24, or August 31.

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DECLARATION OF MELISSA I. BRIGHT
IN SUPPORT OF MOTION TO CONTINUE
HEARING

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9.

Mr. Loveland informed me he is available on August 27 through August 30 and

September 4 through September 7.
DATED August 7, 2012.
__/s/ Melissa I. Bright_______________
Melissa I. Bright

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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DECLARATION OF MELISSA I. BRIGHT
IN SUPPORT OF MOTION TO CONTINUE
HEARING

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ORDER
Upon due consideration of the Plaintiffs’ Motion to Continue Hearing and Good cause
appearing,
IT IS HEREBY ORDERED that the new hearing date for Plaintiffs Motion to Laborers

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Joint Trust Funds’ Compliance with Subpoena Duces Tecum (#67), Cross-Motion to Quash

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Subpoena (#69), Plaintiffs’ Motion to Compel Discovery Responses (#71), First Plaintiffs’

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Motion for Sanctions in Response to Defendants’ Spoliation of Evidence (#78), and Plaintiffs’

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Motion to Strike Evidence Used in Support of Defendants’ Motion for Summary Judgment that

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30th
Should Have Been Disclosed During Discovery (#85) is now the ______ day of

701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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________________, 2012, at ______ .m. in LV Courtroom 3D.
1:00 p.m.
August
3C.

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_______________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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August 8, 2012
DATED: _______________________

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Respectfully Submitted,

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RHODES-FORD & ASSOCIATES, P.C.

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/s/ Berna L. Rhodes-Ford__________
Berna L. Rhodes-Ford
Nevada Bar No. 7879
Melissa I. Bright
Nevada Bar No. 12336
RHODES-FORD & ASSOCIATES, P.C.
701 N. Green Valley Parkway, Suite 200
Henderson, Nevada 89074

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Attorney for Plaintiffs

CERTIFICATE OF SERVICE

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I hereby certify that I am an employee of Rhodes-Ford & Associates, P.C., and that on

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this date, I served the foregoing PLAINTIFFS’ MOTION TO CONTINUE HEARING by

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causing it to be served via the Court’s CMECF system, addressed as follows:

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701 N. GREEN VALLEY PARKWAY, SUITE 200
HENDERSON, NEVADA 89 074
(702) 684 -6262

Rhodes-Ford & Associates, P.C.

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Kristina L. Hillman
Law Offices of Kristina L. Hillman
729 Evans Avenue
Reno, NV 89512
Telephone [phone]
Facsimile [phone]
[e-mail]
Bryce Loveland
Brownstein Hyatt Farber Schreck
100 North City Parkway, Suite 1600
Las Vegas, NV 89106
[e-mail]

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Executed on August 7, 2012.

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/s/ Melissa I. Bright
Melissa I. Bright