Employee Painters' Trust et al v. Simas Floor Company, Inc. et al

Filing 12

ORDER re 10 Notice of Voluntary Dismissal without prejudice as to Defendants Bison Construction, Myron Martin, and Rhonda Martin only. Signed by Judge Kent J. Dawson on 6/25/12. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00848-KJD -VCF Document 10

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Filed 06/22/12 Page 1 of 3

CHRISTENSEN JAMES & MARTIN
KEVIN B. CHRISTENSEN, ESQ.
Nevada Bar No. 000175
DARYL E. MARTIN, ESQ.
Nevada Bar No. 006735
SARA D. COPE, ESQ.
Nevada Bar No. 10329
7440 W. Sahara Ave.
Las Vegas, NV 89117
Tel.: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EMPLOYEE PAINTERS’ TRUST; NORTHERN
NEVADA PAINTERS AND ALLIED TRADES
JOINT APPRENTICESHIP AND TRAINING
TRUST FUND, each acting by and through its
designated fiduciary, Todd Koch; and
INTERNATIONAL UNION OF PAINTERS AND
ALLIED TRADES INDUSTRY PENSION
TRUST FUND, acting by and through its
designated fiduciary, Gary J. Meyers,
Plaintiffs,

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v.

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SIMAS FLOOR COMPANY, INC., a Nevada
Corporation; GAIL SIMAS WARD, an Individual;
GREAT AMERICAN INSURANCE COMPANY,
a foreign corporation; SIMAS FLOOR CO, INC., a
California Corporation doing business as ROBERT
SIMAS FLOOR CO.; JAMES EDWARD SIMAS,
an Individual and Sole Proprietor doing business as
J.E. SIMAS FLOORS; CARMICHAEL FLOOR
COMPANY, a foreign corporation; PLATTE
RIVER INSURANCE COMPANY, a foreign
corporation; BISON CONSTRUCTION, a Nevada
Corporation; BROWN CONSTRUCTION, INC., a
foreign corporation; GLEN/MAR
CONSTRUCTION, INC., a foreign corporation; KW WESTERN, INC., a Nevada Corporation; K7
CONSTRUCTION, INC., a Nevada Corporation;
FRANK LEPORI CONSTRUCTION, INC., a
Nevada Corporation; PELLETT
CONSTRUCTION, LLC, a Nevada limited liability
company; SUNSERI CONSTRUCTION, INC., a
foreign corporation; WESTERN SURETY
COMPANY, foreign corporation; TRAVELERS

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Case No.: 2:12-CV-00848-KJD-VCF

NOTICE AND ORDER OF
VOLUNTARY DISMISSAL OF
DEFENDANTS BISON
CONSTRUCTION, MYRON
MARTIN AND RHONDA
MARTIN WITHOUT PREJUDICE
[FRCP 41(a)(2)]

Case 2:12-cv-00848-KJD -VCF Document 10

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Filed 06/22/12 Page 2 of 3

CASUALTY AND SURETY COMPANY OF
AMERICA, a foreign corporation; MYRON
MARTIN, an Individual; RHONDA MARTIN, an
Individual; THOMAS PELLETT, an Individual;
SABRINA PELLETT, an Individual; JOHN DOES
I - X; and ROES ENTITIES, I-X,
Defendants.
The above-named Plaintiffs, acting by and through their counsel, Christensen James &
Martin, pursuant to FRCP Rule 41(a)(2), do hereby dismiss its claims in the above-entitled action
without prejudice as against Defendants BISON CONSTRUCTION, MYRON MARTIN and
RHONDA MARTIN only.
DATED this 22nd day of June, 2012.

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CHRISTENSEN JAMES & MARTIN

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By:

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IT IS SO ORDERED.

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/s/ Sara D. Cope
Sara D. Cope, Esq.
Nevada Bar No. 10329
7440 W. Sahara Avenue
Las Vegas, NV 89117
Tel.: [phone]
Attorneys for Plaintiffs

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June
Dated this ____ day of __________, 2012.
______________________________
DISTRICT COURT JUDGE

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-2-

Case 2:12-cv-00848-KJD -VCF Document 10

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Filed 06/22/12 Page 3 of 3

CERTIFICATE OF SERVICE

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I am an employee of Christensen James & Martin. On the date of filing of Notice and

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Order of Voluntary Dismissal of Bison Construction, Myron Martin and Rhonda Martin Without

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Prejudice [FRCP 41(a)(2)], with the Clerk of Court I caused a true and correct copy to be served

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in the following manner:

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X

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Court for the District of Nevada, the above-referenced document was electronically filed and

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served on all appearing parties through the Notice of Electronic Filing automatically generated by

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the Court.

ELECTRONIC SERVICE:

Pursuant to Local Rule LR 5-4 of the United States District

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referenced document into the United States Mail, postage prepaid, via First Class and Certified,

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addressed to the following parties at their last-known mailing address(es):

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referenced document for overnight delivery via a nationally-recognized courier, addressed to the

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parties listed on the attached service list at their last-known mailing address.

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UNITED STATES MAIL:

OVERNIGHT COURIER:

By depositing a true and correct copy of the above-

By depositing a true and correct copy of the above-

FACSIMILE: By sending the above-referenced document via facsimile to those persons
listed on the attached service list at the facsimile numbers set forth thereon.

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CHRISTENSEN JAMES & MARTIN

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By:

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/s/ Natalie Larson
Natalie Larson