Trustees of the Operating Engineers Pension Trust et al v. Sagebrush Property Ventures, LLC et al

Filing 43

ORDER Denying 37 Motion for clarification. Signed by Judge James C. Mahan on 4/30/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRUSTEES OF THE OPERATING
ENGINEERS PENSION TRUST, et al.,

2:11-CV-1179 JCM (PAL)

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Plaintiff,

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v.

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SEQUOIA ELECTRIC, LLC, et al.,

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Defendants.

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ORDER

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Presently before the court is defendants Sequoia Electric, LLC, et. al.’s motion for

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clarification. (Doc. #37). Plaintiffs Trustees of the Operating Engineers Pension Trust, et. al. filed

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an opposition. (Doc. #38). Defendants then filed a reply. (Doc. #41).

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On March 16, 2012, the court held a hearing and granted defendants’ motion for preliminary

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injunction. (Doc. #33). Defendants now move for clarification of the court’s ruling from the bench.

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(Doc. #37). Specifically, defendants propose to include the following sentence in the preliminary

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injunction order: “[T]his contribution requirement shall not apply to work already claimed by other

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unions and/or covered by other labor agreements.” (Doc. #37).

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This proposed language was not contemplated in the court’s ruling from the bench and,

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therefore, should not be included in the preliminary injunction order.

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...

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...

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Sequoia

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Electric, LLC, et. al.’s motion for clarification (doc. #37) be, and the same hereby is, DENIED.
DATED April 30, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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