Construction Industry and Laborers Health and Welfare Trust et al v. Road and Highway Builders, LLC.

Filing 70

DEFAULT JUDGMENT in favor of Defendant/Third Party Plaintiff Road & Highway Builders, LLC against Third Party Defendant Edith Martinez in the amount of $125,000.00, which is the sum paid in settlement by Road & Highway Builders, LLC to the plaintiffs and $25,437.50 for attorney's fees as an item of special damages in defending the plaintiffs' suit. Signed by Judge James C. Mahan on 5/22/2014. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:11-cv-01579-JCM-VCF Document 69 Filed 05/21/14 Page 1 of 2

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CARL M. HEBERT, ESQ.
Nevada State Bar #250
202 California Avenue
Reno, NV 89509
775-323-5556 (voice)
775-323-5597 ( fax)
[e-mail]
Counsel for Defendant/Third-Party Plaintiff
Road and Highway Builders, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BOARD OF TRUSTEES, in their
capacities as Trustees of the CONSTRUCTION
INDUSTRY AND LABORERS HEALTH AND
WELFARE TRUST FUND; CONSTRUCTION
INDUSTRY AND LABORERS JOINT PENSION
TRUST FUND; CONSTRUCTION INDUSTRY
AND LABORERS VACATION TRUST FUND;
and SOUTHERN NEVADA LABORERS LOCAL
872 TRAINING TRUST,
CASE NO. : 2:11-cv-01579-JCM-(VCF)

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Plaintiffs,
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vs.
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ROAD AND HIGHWAY BUILDERS, LLC, a
Nevada limited liability company,
Defendant.
_______________________________________________/

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ROAD AND HIGHWAY BUILDERS, LLC, a
Nevada limited liability company,

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Third-Party Plaintiff,

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vs.
EDITH MARTINEZ,
Third-Party Defendant.
/
DEFAULT JUDGMENT AGAINST THIRD-PARTY DEFENDANT EDITH MARTINEZ
On January 25, 2012 defendant Road & Highway Builders, LLC filed its third-party

Case 2:11-cv-01579-JCM-VCF Document 69 Filed 05/21/14 Page 2 of 2

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complaint for express contractual indemnity, equitable indemnity and fraud. The third-party

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complaint was personally served on third-party defendant Edith Martinez on February 29,

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2012, who failed to plead or otherwise defend; consequently, a default was entered on

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January 30, 2013.

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Third-party plaintiff Road & Highway Builders, LLC filed its motion for entry of a

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default judgment on January 31, 2013. On March 29, 2013 this Court entered its order

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directing a default judgment against third-party defendant Martinez on the fraud claim for

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relief only. Therefore,

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IT IS ORDERED that defendant/third party plaintiff Road & Highway Builders, LLC
recover from third-party defendant Edith Martinez the following amounts:
1. $125,000.00, which is the sum paid in settlement by Road & Highway Builders,
LLC to the plaintiffs;

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2. Prejudgment interest at the rate of 5.25% from February 29, 2013, the date of

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service of the summons and third-party complaint upon third-party defendant Martinez, to

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the date of the entry of judgment;

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3. Pursuant to 28 U.S.C. §1961, post-judgment interest at the rate of 0.09% until
the judgment has been satisfied, and
4. $25,437.50 for attorney’s fees as an item of special damages in defending the

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plaintiffs’ suit.

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May
DATED this 22, 2014. of May, 2014.
day

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UNITED STATES DISTRICT JUDGE
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