Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Interstate Hotel Installation

Filing 41

ORDER re 40 Notice of Settlement and Request for Stay of Proceedings. Case stayed for 30 days. Signed by Judge Miranda M. Du on 8/2/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7

Adam P. Segal, Esq.
Nevada Bar No. 6120
Ryan C. Curtis, Esq.
Nevada Bar No. 12949
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

9
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
[phone]

8

DISTRICT OF NEVADA

10
11
12
13
14
15

TRUSTEES OF THE CONSTRUCTION
INDUSTRY AND LABORERS HEALTH
AND WELFARE TRUST; TRUSTEES OF
THE CONSTRUCTION INDUSTRY AND
LABORERS JOINT PENSION TRUST;
TRUSTEES OF THE CONSTRUCTION
INDUSTRY AND LABORERS VACATION
TRUST; AND THE TRUSTEES OF THE
SOUTHERN NEVADA LABORERS
LOCAL 872 TRAINING TRUST,

Case No. 2:12-CV-0353 MMD-GWF

NOTICE OF SETTLEMENT, AND
REQUEST AND ORDER FOR STAY OF
PROCEEDINGS

16
Plaintiffs,

17
18

vs.

19

INTERSTATE HOTEL INSTALLATION, a
Nevada corporation,

20
Defendant.

21
22
23

The Plaintiffs, Trustees of the Construction Industry and Laborers Health and Welfare

24

Trust, Trustees of the Construction Industry and Laborers Joint Pension Trust, Trustees of the

25

Construction Industry and Laborers Vacation Trust, and Trustees of the Southern Nevada

26

Laborers Local 872 Training Trust (collectively “Trust Funds”) and Defendant Interstate Hotel

27

Installation, a Nevada corporation, by and through their counsel of record, hereby give notice that

28
020052\0222\10618407.1

1

1

they have reached a settlement, and request that the Court take no further action in the case while

2

the parties take steps to finalize settlement.

3

The parties request that the Court stay all proceedings for 30 days, after which time, upon

4

full and final settlement of the case, the Trust Funds and Defendant will file a stipulated

5

dismissal.

6
7
8

BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
[phone]

9
10
11

BROWNSTEIN HYATT FARBER
SCHRECK, LLP

LIONEL SAWYER & COLLINS

By /s/ Ryan C. Curtis
Adam P. Segal, Esq.
Ryan C. Curtis, Esq.
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Attorney for Plaintiffs

By /s/ Gregory Smith (with permission)
Gregory Smith, Esq.
Doreen Spears Hartwell, Esq.
300 South Fourth St. 17th Floor
Las Vegas, Nevada 89101
Attorney for Defendant

12
Dated: August 1, 2013

Dated: August 1, 2013

13
14
ORDER

15

IT IS SO ORDERED.

16

_______________________________________
DISTRICT COURT JUDGE

17
18

August 2, 2013

Dated: _________________________________

19
20
21
22
23
24
25
26
27
28
020052\0222\10618407.1

2

Case 2:12-cv-00353-MMD-GWF Document 40 Filed 08/01/13 Page 3 of 3

CERTIFICATE OF SERVICE

1
2

Pursuant to Federal Rule of Civil Procedure 5(b), I certify that I am an employee of

3

Brownstein Hyatt Farber Schreck, LLP and that on this 1st day of August, 2013, I served a true

4

copy of the foregoing NOTICE OF SETTLEMENT, AND REQUEST AND ORDER FOR

5

STAY OF PROCEEDINGS upon:

6
7
8

BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
[phone]

9
10

Gregory Smith, Esq.
Nevada Bar No. 1590
Doreen Spears Hartwell, Esq.
Nevada State Bar No. 7525
LIONEL SAWYER & COLLINS
300 South Fourth St. 17th Floor
Las Vegas, Nevada 89101

11

a. BY CM/ECF System

12

b. BY U.S. MAIL in a sealed envelope(s) mailed with postage thereon fully prepaid. I am
readily familiar with Brownstein Hyatt Farber Schreck, LLP’s practice of collection and
processing correspondence for mailing. Under that practice, documents are deposited with
the U.S. Postal Service on the same day which is stated in the proof of service, with
postage fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am aware
that on motion of party served, service is presumed invalid if the postal cancellation date
or postage meter date is more than one day after the date stated in this proof of service.

13
14
15
16
17
18
19
20

c. BY PERSONAL SERVICE.
d. BY DIRECT EMAIL.
e. BY FACSIMILE TRANSMISSION.
I declare under penalty of perjury that the foregoing is true and correct.
/s/ Christina Neely
An Employee of Brownstein Hyatt Farber Schreck, LLP

21
22
23
24
25
26
27
28
020052\0222\10618407.1

3