Board of Trustees of the Cement Masons and Plasterers Health and Welfare Trust et al v. Recreation Development Company, LLC et al

Filing 26

ORDER Granting Stipulation of Dismissal (filed as #40 in lead case 2:16-cv-01301-JCM-NJK). Signed by Judge James C. Mahan on 4/19/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01301-JCM-NJK Document 40 Filed 04/14/17 Page 1 of 4

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CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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CHRISTENSEN JAMES & MARTIN

KEVIN B. CHRISTENSEN, ESQ. (175)
WESLEY J. SMITH, ESQ. (11871)
KEVIN B. ARCHIBALD, ESQ. (13817)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Email: [e-mail], [e-mail], [e-mail]
Attorneys for Painters and Floorcoverers Joint Committee
and Cement Masons and Plasterers Joint Trust Funds

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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BOARD OF TRUSTEES OF PAINTERS &
FLOORCOVERERS JOINT COMMITTEE;

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Plaintiff,
vs.
GREAT AMERICAN INSURANCE
COMPANY, et al.,

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Defendants.

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BOARD OF TRUSTEES OF THE
CEMENT MASONS AND PLASTERERS
HEALTH AND WELFARE TRUST, et al.;

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Plaintiffs,

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vs.
RECREATION DEVELOPMENT
COMPANY, LLC, et al.,
Defendants.

Case No.: 2:16-cv-01301-JCM-NJK
CONSOLIDATED WITH:
Case No.: 2:16-cv-01315-JCM-CWH
STIPULATION AND ORDER FOR
DISMISSAL

Case 2:16-cv-01301-JCM-NJK Document 40 Filed 04/14/17 Page 2 of 4

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CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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Plaintiffs and Defendants (collectively referred to as “Parties”), each acting through
their respective undersigned counsel, hereby stipulate and agree as follows:
1.

All claims asserted by Plaintiff Board of Trustees of Painters & Floorcoverers

Joint Committee in Case No. 2:16-cv-01301-JCM-NJK are dismissed with prejudice;
2.

All claims asserted by Plaintiffs Board of Trustees of the Cement Masons and

Plasterers Health and Welfare Trust, Board of Trustees of the Cement Masons and Plasterers
Joint Pension Trust, Board of Trustees of the Cement Masons and Plasterers Vacation Saving
Trust, and Board of Trustees of the Cement Masons and Plasterers Joint Apprenticeship
Training Trust in Case No. 2:16-cv-01315-JCM-CWH are dismissed with prejudice;

3.

All crossclaims asserted by Defendant Recreation Development Company,

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LLC in Case No. 2:16-cv-01301-JCM-NJK and Case No. 2:16-cv-01315-JCM-CWH are

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dismissed without prejudice;

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4.

All crossclaims asserted by Defendant SR Construction, Inc. in Case No.

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2:16-cv-01301-JCM-NJK and Case No. 2:16-cv-01315-JCM-CWH are dismissed without

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prejudice;

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5.

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All claims in the consolidated cases having been dismissed, Case No. 2:16-

cv-01301-JCM-NJK and Case No. 2:16-cv-01315-JCM-CWH are dismissed; and
6.

Each party shall bear its own attorney’s fees and costs, except that Great

American Insurance Company reserves its right to be reimbursed and indemnified from
Defendants Recreation Development Company, LLC, Jeffrey A. Whittle, Shelley K. Whittle,
and Albert E. Nelson against the fees and costs it has incurred in this action as set forth in a

settlement agreement between the Parties.

[SIGNATURES ON FOLLOWING PAGE]

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Case 2:16-cv-01301-JCM-NJK Document 40 Filed 04/14/17 Page 3 of 4

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Dated this 14th day of April, 2017.

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CHRISTENSEN JAMES & MARTIN

THE FAUX LAW GROUP

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By:
/s/ Wesley J. Smith
Wesley J. Smith, Esq. (SBN 11871)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Attorneys for Painters and Floorcoverers
Joint Committee and Cement Masons and
Plasterers Joint Trust Funds

By: /s/ Leland K. Faux
Leland K. Faux, Esq. (SBN 12206)
1540 W. Warm Springs Rd., #100
Henderson, NV 89014
Attorneys for Great American Insurance
Company

KERR LAW OFFICES

LAW OFFICE OF JOHN W. THOMSON

By:
/s/ P. Sterling Kerr
P. Sterling Kerr, Esq. (SBN 3978)
2450 St. Rose Pkwy., #120
Henderson, NV 89074
Attorneys for Recreation Development
Company, LLC, Jeffrey A. Whittle, and
Shelley K. Whittle

By: /s/ John W. Thomson
John W. Thomson, Esq. (SBN 5802)
2450 St. Rose Parkway, Suite 120
Henderson, NV 89074
Attorneys for Albert Nelson

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CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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ALLISON LAW FIRM
By:
/s/ Noah G. Allison
Noah G. Allison, Esq. (SBN 6202)
3191 E. Warm Springs Rd.
Las Vegas, NV 89120
Attorneys for S R Construction, Inc.

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IT IS SO ORDERED.

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United States District Court/Magistrate Judge
UNITED STATES DISTRICT JUDGE

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Dated:
Submitted by:
CHRISTENSEN JAMES & MARTIN
By:
/s/ Wesley J. Smith
Wesley J. Smith, Esq. (SBN 11871)
Attorneys for Plaintiffs

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April 19, 2017

Case 2:16-cv-01301-JCM-NJK Document 40 Filed 04/14/17 Page 4 of 4

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CERTIFICATE OF SERVICE

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I am an employee of Christensen James & Martin. On the date of filing the
foregoing papers with the Clerk of Court, I caused a true and correct copy to be served in the
following manner:

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CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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☒
ELECTRONIC SERVICE: Pursuant to Local Rule LR IC 4-1 of the United States
District Court for the District of Nevada, the above-referenced document was electronically
filed and served on all appearing parties through the Notice of Electronic Filing
automatically generated by the Court.
☐
UNITED STATES MAIL: By depositing a true and correct copy of the abovereferenced document into the United States Mail with prepaid first-class postage, addressed
to the parties at their last-known mailing address(es):
☐
OVERNIGHT COURIER: By depositing a true and correct copy of the abovereferenced document for overnight delivery via a nationally-recognized courier, addressed to
the parties listed below which was incorporated by reference and made final in the w at their
last-known mailing address.
☐
ELECTRONIC MAIL:
By sending the above-referenced document via
electronic mail to those persons and those addresses listed below:

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CHRISTENSEN JAMES & MARTIN

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By:

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/s/ Natalie Saville