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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 6 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA, et al., 7 8 9 10 11 Case No. 2:15-cv-02129-APG-NJK ORDER FOR STATUS REPORT Plaintiffs, v. COMMERCIAL UNION TILE & STONE, INC., et al., Defendants. 12 On November 21, 2016, the plaintiffs filed a motion for summary judgment against 13 defendants Commercial Union Tile & Stone, Inc.; Vegas Affordable Stone and Tile, Inc. (VAST); 14 Stone Consulting, LLC; Jonathan William Canja; and Jedediah Michael Feller. ECF No. 54. That 15 same day, defendants Feller, VAST, and Stone Consulting moved for summary judgment. ECF 16 Nos. 53, 55, 56. The defendants did not respond to the plaintiffs’ summary judgment motion, and 17 the plaintiffs did not respond to the defendants’ respective motions. 18 The plaintiffs thereafter settled with defendants Feller and Stone Consulting, so I denied 19 those defendants’ summary judgment motions as moot. ECF Nos. 76, 77, 80, 81. Defendant 20 VAST withdrew its motion for summary judgment based on a settlement that would include it 21 (ECF No. 74); however, no stipulation to dismiss VAST has been filed. 22 The plaintiffs previously filed a notice that defendants Commercial Union and Canja had 23 not opposed the plaintiffs’ summary judgment motion. ECF No. 75. The plaintiffs recently filed 24 a notice that VAST has not opposed the plaintiffs’ summary judgment motion. ECF No. 79. 25 In light of this history, I will direct the parties to prepare a joint status report regarding 26 whether a settlement between the plaintiffs and VAST has been completed or is contemplated; if 27 not, whether VAST’s unopposed summary judgment motion should be reinstated; and whether 28 1 consideration of the plaintiffs’ motion for summary judgment against defendants Commercial 2 Union and Canja should be deferred pending settlement efforts (if any) with those defendants. 3 4 5 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. 6 7 8 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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