Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Commercial Union Tile & Stone, Inc. et al

Filing 82

ORDER that the parties shall file a joint status report regarding these issues by 7/14/2017. Signed by Judge Andrew P. Gordon on 6/27/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRUSTEES OF THE BRICKLAYERS &
ALLIED CRAFTWORKERS LOCAL 13
DEFINED CONTRIBUTION PENSION
TRUST FOR SOUTHERN NEVADA, et
al.,

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Case No. 2:15-cv-02129-APG-NJK
ORDER FOR STATUS REPORT

Plaintiffs,
v.
COMMERCIAL UNION TILE & STONE,
INC., et al.,
Defendants.

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On November 21, 2016, the plaintiffs filed a motion for summary judgment against

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defendants Commercial Union Tile & Stone, Inc.; Vegas Affordable Stone and Tile, Inc. (VAST);

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Stone Consulting, LLC; Jonathan William Canja; and Jedediah Michael Feller. ECF No. 54. That

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same day, defendants Feller, VAST, and Stone Consulting moved for summary judgment. ECF

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Nos. 53, 55, 56. The defendants did not respond to the plaintiffs’ summary judgment motion, and

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the plaintiffs did not respond to the defendants’ respective motions.

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The plaintiffs thereafter settled with defendants Feller and Stone Consulting, so I denied

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those defendants’ summary judgment motions as moot. ECF Nos. 76, 77, 80, 81. Defendant

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VAST withdrew its motion for summary judgment based on a settlement that would include it

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(ECF No. 74); however, no stipulation to dismiss VAST has been filed.

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The plaintiffs previously filed a notice that defendants Commercial Union and Canja had

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not opposed the plaintiffs’ summary judgment motion. ECF No. 75. The plaintiffs recently filed

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a notice that VAST has not opposed the plaintiffs’ summary judgment motion. ECF No. 79.

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In light of this history, I will direct the parties to prepare a joint status report regarding

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whether a settlement between the plaintiffs and VAST has been completed or is contemplated; if

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not, whether VAST’s unopposed summary judgment motion should be reinstated; and whether

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consideration of the plaintiffs’ motion for summary judgment against defendants Commercial

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Union and Canja should be deferred pending settlement efforts (if any) with those defendants.

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IT IS ORDERED that the parties shall file a joint status report regarding these issues on or
before July 14, 2017.
DATED this 27th day of June, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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