Roth Staffing Companies d/b/a Ultimate Staffing Services v. Canos

Filing 18

CONSENT JUDGMENT Granting 17 Stipulated Consent Judgment in favor of Roth Staffing Companies and against Patrick Canos. Signed by Judge Jennifer A. Dorsey on 9/11/17. (Copies have been distributed pursuant to the NEF - MR)

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WENDY MEDURA KRINCEK, ESQ., Bar # 6417
KATHRYN B. BLAKEY, ESQ., Bar # 12701
LITTLER MENDELSON
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiff
Roth Staffing Companies, L.P., d/b/a
Ultimate Staffing Services

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROTH STAFFING COMPANIES, L.P.,
d/b/a ULTIMATE STAFFING
SERVICES, a California Limited
Partnership,

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Plaintiff,

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vs.

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Case No. 2:17-cv-00295-JAD-PAL

STIPULATED CONSENT JUDGMENT
AND PERMANENT INJUNCTION

PATRICK CANOS, an individual, and
DOES,

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Defendant.

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This matter comes before the Court on Plaintiff ROTH STAFFING COMPANIES, L.P.,

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d/b/a ULTIMATE STAFFING SERVICES’ (hereinafter “ULTIMATE STAFFING” or “Plaintiff”)

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Complaint against Defendant PATRICK CANOS (hereinafter “CANOS” or “Defendant”).

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WHEREUPON, the parties have reached an agreement and have advised the Court of their

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desire to resolve this action, in part pursuant to the terms of this Consent Judgment and Permanent

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Injunction. The resolution of this action between the parties is contingent upon entry by the Court of

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this Consent Judgment and Permanent Injunction.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hugh es Parkway
Suite 3 00
Las Veg as, NV 89169-5937
702.8 62.8800

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ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS
FOLLOWS:
1.

CANOS shall promptly deliver to ULTIMATE STAFFING (and shall not keep in his

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possession, recreate or deliver to anyone else) any and all devices, records, data, notes, reports,

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proposals, lists, client lists, client contact information, other client information, correspondence,

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other documents or property, or reproductions of any of the aforementioned items which came into

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CANOS’ possession pursuant to or as a result of his employment with ULTIMATE STAFFING, that

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constitute Confidential Information, if any (as defined in his Employment Agreement with

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ULTIMATE STAFFING dated July 19, 2013 and attached hereto as Exhibit A), or otherwise

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belonging to ULTIMATE STAFFING, its successors or assigns.
2.

CANOS will return all information, if any taken from ULTIMATE STAFFING,

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including any thumb drives and any information on his computers, phones, or other electronic

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storage devices and not retain any copies of such information.

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disclosures as to how he used the information, if any taken from ULTIMATE STAFFING and to

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whom he disclosed it.

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3.

CANOS will give complete

CANOS represents that his disclosures are complete and that there was no other

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alleged misappropriation of ULTIMATE STAFFING’s confidential business information or trade

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secrets. If it is determined that CANOS has retained any confidential business information and in

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the event there is further discovery of misappropriation by CANOS of any ULTIMATE STAFFING

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Confidential Information or trade secret, CANOS will be liable for liquidated damages in the amount

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of $25,000 for each instance where ULTIMATE STAFFING can prove such retention or further

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misappropriation.

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4.

For a period of one (1) year from the date of entry of this Consent Judgment and

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Permanent Injunction, CANOS agrees that he shall not, directly or indirectly, own an interest in,

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operate, join, control, or participate in, or be connected as an officer, employee, agent, independent

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contractor, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm,

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association, person, or other entity and performing substantially similar duties or functions as

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CANOS’ duties or functions as a former employee of ULTIMATE STAFFING, which directly or
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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hugh es Parkway
Suite 3 00
Las Veg as, NV 89169-5937
702.8 62.8800

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indirectly competes with ULTIMATE STAFFING (other than as a passive stockholder in such

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corporations whose stock is traded on a recognized stock exchange) within 25 miles of any location

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at which CANOS worked, was assigned, or over which the CANOS had responsibility or

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supervisory authority.

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5.

For a period of one (1) year from the date of entry of this Consent Judgment and

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Permanent Injunction, CANOS shall not, directly or indirectly or by action in concert with others,

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solicit, induce or influence (or seek to induce or influence) any ULTIMATE STAFFING CLIENTS

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(collectively, referred to herein as “ULTIMATE STAFFING CLIENTS” and identified in “Exhibit

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B” attached hereto),

or prospective clients with whom he did business within the last 18 months of

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his employment with ULTIMATE STAFFING, for the purpose of promoting or selling any products

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or services on behalf of Competitor Company or any other subsequent employer in a competitive

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business, until one year after the date of entry of this Consent Judgment.

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6.

CANOS, on behalf of himself or by action in concert with any Competitor Company,

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shall not accept any business from any ULTIMATE STAFFING CLIENTS if such business is the

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result of CANOS directly or indirectly, or by action in concert with others, soliciting, inducing or

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influencing such entities at any time prior to one year after the date of entry of this Consent

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Judgment.

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7.

CANOS shall not, directly or indirectly or by action in concert with others, solicit,

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induce or influence (or seek to induce or influence) any person who is engaged by ULTIMATE

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STAFFING (as a temporary or regular employee, agent, independent contractor, or otherwise) to

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terminate his/her employment or engagement, until one year after the date of entry of this Consent

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Judgment.

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proprietary and/or trade secret information.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hugh es Parkway
Suite 3 00
Las Veg as, NV 89169-5937
702.8 62.8800

CANOS will abide by the terms of his Employment Agreement with ULTIMATE

STAFFING dated July 19, 2013.

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CANOS will not disclose or use any of ULTIMATE STAFFING’s confidential,

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The violation of any of the terms herein may be punishable as a contempt of court.

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3.

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In the event that ULTIMATE STAFFING proves in a court of competent jurisdiction

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that CANOS breached Paragraph(s) 4, 5, 6, or 7, of this Consent Judgment, ULTIMATE

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STAFFING shall be entitled to promptly recover from CANOS, Fifty Thousand Dollars and Zero

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Cents ($50,000.00) representing agreed damages calculated as of the date of this Consent Judgment,

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and judgment shall be entered against CANOS in that amount. ULTIMATE STAFFING shall

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further be entitled to recover from CANOS an amount equal to Twenty Five Thousand Dollars

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($25,000.00) for each instance where ULTIMATE STAFFING can prove such breach of

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Paragraph(s) 4, 5, or 6 of this Consent Judgment.

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liquidated damages (and not a penalty) pursuant to this Stipulated Judgment.

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Such recovery shall constitute stipulated

Notwithstanding the stipulated liquidated damages set forth in Paragraph 10 of this

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Consent Judgment, nothing in this Consent Judgment shall prevent ULTIMATE STAFFING from

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obtaining preliminary and/or permanent injunctive relief if a court of competent jurisdiction

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determines that the standards applicable to the granting of an injunction have been met.

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13.

Other than the affirmations contained herein, nothing in this Consent Judgment

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constitutes an admission of the truth or falsity of any claims that may have been made or an

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acknowledgment or admission of any fault or liability by any party to any other party.

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All parties shall bear its / his own costs and fees.

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hugh es Parkway
Suite 3 00
Las Veg as, NV 89169-5937
702.8 62.8800

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4.

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This Stipulated Judgment shall continue to be in full force and effect following the

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resolution and closure of the above-captioned action, and the Court retains jurisdiction over the

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parties to enforce same for a period of one (1) year from the date of entry of this Consent Judgment

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and Permanent Injunction.

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Dated: September 8, 2017.
Respectfully submitted,
/s/ Marc R. Bawden, Esq.
MARC R. BAWDEN, ESQ.
Attorney for Defendant
PATRICK CANOS

Respectfully submitted,
/s/ Kathryn B. Blakey, Esq.
WENDY MEDURA KRINCEK, ESQ.
KATHRYN B. BLAKEY, ESQ.
LITTLER MENDELSON
Attorneys for Plaintiff

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IT IS SO ORDERED

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Dated this ______ day of ___________, 2017.

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_________________________________
UNITED STATES DISTRICT JUDGE

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Firmwide:149946934.1 061413.1034

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LITTLE R MEND ELSO N, P .C .
ATTORNEYS AT LAW
3960 H oward Hugh es Parkway
Suite 3 00
Las Veg as, NV 89169-5937
702.8 62.8800

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Exhibit Index
Exhibit A – Employment Agreement
Exhibit B – Ultimate Staffing List of Clients

Customer
Interline Brands
Cind R Lite
Pavestone
PDM Steel Service Centers, Inc
Precision Opinion
WorldPac Las Vegas
Moen Incorporated
Quest Drape
Liquidity Services
GigaCrete
Southwest Toyotalift
Nitrex Inc.
Kareo
Nevada Restaurant Services Inc
Blue Marble Development
Pacific Supply
AWS
Allsite Structure Rentals
A & D Scenery Inc
Lakeview Cheese Company
David Saxe Productions
Christie Lites Las Vegas, LLC
Mayesh Wholesales Florist
Swisstrax
Arcata Associates
Worthington Armstrong Venture/ W.A.V.E.
Credit Managers Assoc
Coker Equipment
McNeilus Truck
Canyon State Oil Co. A Div. of SC Fuels
Jensen Precast
Columbia River Logistics
Alsco
Richard Harris Law Firm
Flooring Solutions of Nevada
Hydra Gear Inc
Anc, American Nutritional Corp.
Deco West, Inc.
Batteries In A Flash
Qvs
Artesian Spas May Manufacturing Llc
Atlanta Classic Events

IHR Research
Armourcoat Surface Finishes Inc
Flavor Consultants
Barrel Co
Kichler Home Center
Digitek
Hynes Industries
Monster Cable Products
LC Indsutries
Spreetail
Williams Sonoma Inc
J W Marriott
1800PackRat
Derse Exhibits
Priority Plastics Inc
Standard Textile
XPO Logistics
Westcare Inc
Lift All
Source 4
Autonomy Technology Inc
Spacecraft Components
Pierce Distribution
Marshall Retail Group
SGPS
Tidewater Finance Company
HD Supply
ColeKepro Industries LLC
Cannery Casino Hotel
ISG Lighting
Competitive Component Inc
Nevada Ballet
College of Southern Nevada
Erickson International
Parker Plastics
Cramaro Tarp Systems
Anderson Dairy
Angles On Design, Inc
Legacy Chain Supply
Plus Studios
Magic Brite Janitorial
American Eagle Star
SGA Production

Reliable Steel Inc
Nevada Recycling
Aluma Systems
Temco Logistics
Custom Building Products
Pacific Paper Tube
International Market Centers
Calply
Aircare Indoor Air Quality Specialists
RW Garcia
Saint Gobain
Mac's Delivery Services Inc.
Smith Center for Performing Arts
Technibilt
Ike Gaming
Ace World Wide Moving And Storage
Astrosystems
Holdrite
Albert Uster Imports
Advantage Warehousing & Logistics
The Taylor Group
Walker Furniture Warehouse
Mechanical Products Nevada Inc.
Sigma Supply of North America, Inc.
Legacy
Spanco Cranes
Tri Dim Filter Corporation
Beav Ex
Traction
Sun State Components, Inc
ABC Supply Co, Inc.
Pageantry Communities
Wayland S.W.
All American Convention Services
Chelten House Products
Performance Steel
Nikkiso Cryo Inc
American Tire Distributors
The Flexaust Co
Texas Station
Basic Food Flavors
Piloch Distribution
General Growth Properties Meadows

Pabco Gypsum
Majestic Flooring
Dolphin Machine Inc
Gaming Partners International
Raymond Handling Solutions
Lied Discovery Children's Museum
Quality Investigations, Inc
American Roll Form
Priority Wire & Cable, Inc.
Nailor Industries
Salvation Army
Clean Harbors Environmental
Western Elite
Pto Sales
Rosen Materials
Safety Kleen
Kaman Industrial Technologies
Hp Enterprises, Inc
VT Construction
Arcadia Nevada North Las Vegas
United Capital Management
Steamatic
Advance Polybag Nevada
Horizon Specialty Hospital
World Pack
Durango Construction Inc
WIS International
Superlite Block
Sandbag Store
Shadow Creek Golf Club
Screens of Mass Construction
West Coast Wellness
Forward Air
Tortillas Incorporated
R & L Carriers
Michael Foods
Ashley Furniture
Scholastic Book Fairs
Synnex Corporation
Academy of Nevada Ballet
Levi Strauss & Company IQ Navigator
Whole Harvest West
ITT Technical Institute

Southwest Data Protection, INC
Consolidated Distribution Ctr.
Lightning Logistics
Trepco West
Prestige Travel & Cruises
El Paso Los Angeles Limousine Express
Los Prados Community Association, Inc
Factory Motor Parts
J. S. S. Co. Inc.
Affordable Concepts, Inc
Horizon Surveys
Total Safety Incorporated
Nellis Building Materials
Gen Tech
Axle Transmission Inc
Exotics Racing
Environmental StoneWorks
Temple Sinai
JR Metal Express
P & R Paper Supply Co
Direct Grading & Paving
Cintas North Las Vegas
AD/S Companies
Right at Home
Gbs Linens
Ozzie Kraft Enterprises
Apollo Concepts
Fellowes, Inc LI
Panda Windows & Doors
Catholic Charities
Preferred Laminations
Las Vegas Clark County Urban League
Fremont Street Experience
Firestone Building Products
The Car Doctor, Inc.
Kichler Lighting
Liquidity Services Inc
Monster Cable Products/ Operations
Alliance Plastics
Caliber Collision
Goldsmith & Guymon
Donald W Reynolds Foundation
Medical N Mobility

Desert Sunrise Dental
Southern Nevada Children First
Boston Dental Group
Animal Foundation International
Desert Plastering
Oak Harbor Freight Lines
Nevada Career Institute
Goodwill Of Southern Nevada, Inc (ERM)
Goodwill of Southern Nevada
The Premium Connection Inc
Toll Brothers
Wirtz Beverage
Bakemark Ingredients, Inc Las Vegas Mark
Janra Distribution
JS Pest Control
Cox Communications
FCS Automotive International
Konica Minolta
Las Vegas Motor Speedway
Generation Brands
Empire Logistics
Las Vegas Valley Water District
American Metal Fabricators
Dick Worthen
Pabco Building Products
Broder & Sachse
Palm Mortuary, Inc.
Exel Power Logistics
Nevada Pic a Part
Machining Specialist
Westar Architectural Group
City Wide Towing
Arc International
Johnson Brothers Of Nev
Bulk Carrier Service Inc
Southern Nevada Movers
Wildhorse Distributing
the Shade Tree
All State Fastener Corp
Southwest Linen
Ainsworth Game Technology
Standard Wholesale Supply Company
Gaylord Security

Reddy Ice
LKQ
Las Vegas Review Journal
Rakeman Plumbing
Eye Fi
Farm Fresh Foods Inc
Global Equipment Company
Las Vegas Color GraphicsA
Metl Span
Phoenix Industries LLC
Colleen & Tom Enterprises
KMD Inc
Cold Storage Solutions
PACCAR Inc
Vermeer
Crescent Electric Supply Co Sunset
Big Mountain Imaging
ProCaps Labs
Custom Wicker Furniture
Desert Lumber
Las Vegas Clark County Library
Benson & Bingham
Insurance Solutions
Shea & Carlyon
Mda Muscular Dystrophy Assoc
Salem Sports
Brantley Incorporated
Inmar
MC Supply
Big D Floor Covering Supplies
Sierra Ready Mix
Twin State Equipment
APAC
Copart
Kleen Rite Corporation
Tire Mart Co
Quality Towing
Ryan's Express Transportation Services
Caesars Entertainment corporate
Brendyl Electric
Pinnacle Architectual Millwork, Inc
J S Auto World, Inc.
Sanitors Services

Meadow Gold Dairy
Wirtz Beverage of Nevada
Kamer Zucker & Abbott
Aristocrat Technologies Birtcher
Medicwest Ambulance
Pulmonary Solutions
IGT
Swarts & Swarts CPA's
Core Construction
Shelby Automobiles
Ewing Bros Inc
Eagle Quest of Nevada
Jaco Environmental
Zirtual
Peccole Nevada
YMCA
Multi Pure Corporation
Global Equipment Company, Inc
Associa Nevada South
Berco America
Bunzl California North Las Vegas
Les Olson Co.
Nevada Pneumatic
The Hallgren Company of Nevada
Valley Broadcasting Company