Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan et al v. Beverage Management Systems, Inc.

Filing 47

ORDER Granting 45 Stipulation for Extension of Time (First Request) Re: 25 Third Party Complaint. Answers due 12/15/2017. Signed by Magistrate Judge Cam Ferenbach on 11/16/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Jacob A. Reynolds (10199)
HUTCHISON & STEFFEN, PLLC
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for RubinBrown LLP

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BOARD OF TRUSTEES OF THE
PLUMBERS AND PIPEFITTERS LOCAL
525 HEALTH AND WELFARE TRUST
AND PLAN; BOARD OF TRUSTEES OF
THE PLUMBERS AND PIPEFITTERS
UNION LOCAL 525 PENSION PLAN; and
BOARD OF TRUSTEES OF PLUMBERS
AND PIPEFITTERS LOCAL UNION 525
APPRENTICE AND JOURNEYMAN
TRANINING TRUST FOR SOUTHERN
NEVADA,

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Case No. 2:17-cv-01079-RFB-VCF
STIPULATED REQUEST FOR
EXTENSION OF TIME FOR THIRD
PARTY DEFENDANTS TO RESPOND
TO AMENDED THIRD PARTY
COMPLAINT
(First Request)

Plaintiffs,
v.
BEVERAGE MANAGEMENT SYSTEMS,
INC., and Oregon corporation; GORHAM
NICOL, an individual,
Defendants/Third Party
Plaintiffs.

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v.
UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES OF
THE PLUMBING AND PIPE FITTING
INDUSTRY OF THE UNITED STATES
AND CANADA, LOCAL 525, LAS VEGAS
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SLC-8437613-1

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NEVADA AFL-CIO; DERICK STOWELL;
RUBIN BROWN LLP, SUCCESSOR IN
INTEREST TO STEWART, ARCHIBALD &
BARNEY; LECIA BARNUM, and GLENN
GOODNOUGH,

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Third Party Defendants.

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COME NOW Plaintiffs Board of Trustees of the Plumbers and Pipefitters Union Local

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525 Health & Welfare Trust and Plan, Board of Trustees of the Plumbers and Pipefitters Union

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Local 525 Pension Plan, and the Board of Trustees of the Plumbers and Pipefitters Union Local

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525 Apprentice and Journeyman Training Trust for Southern Nevada (collectively, “Plaintiffs”);
Defendants/Third-Party Plaintiffs Beverage Management Systems, Inc. and Gorham Nicol

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(“collectively, “Defendants”), and Third-Party Defendants United Association of Journeymen
and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada,

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Local 525, Las Vegas, Nevada AFL-CIO (“Union”); Derick Stowell (“Stowell”); RubinBrown

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LLP (“RubinBrown”); Lecia Barnum (“Barnum”), and Glenn Goodnough (“Goodnough”)

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(collectively, “Third Party Defendants”), by and through counsel, and for their first Stipulated

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Request for Extension of Time for Third Party Defendants to Respond to Amended Third Party

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Complaint, up to and including December 15, 2017, state as follows:
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1.

This lawsuit was brought by Plaintiffs on April 18, 2017. Per the Court’s case

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management order, the deadline to amend pleadings or add parties was August 31, 2017; the

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discovery deadline is November 29, 2017; and the dispositive motion deadline is December 29,

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2017. [ECF No.15].

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2.

On August 31, 2017, Defendants filed a motion for leave to file Third-Party

Complaint. [ECF No. 17]. The Court granted that motion on September 28, 2017. [ECF No.

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21]. On October 3, 2017, Defendants filed their Third Party Complaint [ECF No. 24], and

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SLC-8437613-1

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Amended Third Party Complaint. [ECF No. 25].

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3.

On October 25, 2017, Plaintiffs filed their Emergency Motion to Reconsider with

respect to the filing of the Third Amended Complaint. [ECF No. 34].

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4.

On November 3, 2017, Plaintiffs filed their Emergency Motion to Strike

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Defendants’ First Amended Third-Party Complaint (“Emergency Motion to Strike”). [ECF No.
38].
5.

On November 3, 2017, Defendants filed their Motion to Extend Discovery and

Other Case Deadlines (“Motion to Extend Discovery”) [ECF No. 39]. This motion remains
pending.
6.

All Third Party Defendants have been appropriately served as follows:

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RubinBrown (October 26, 2017); Goodnough (October 27, 2017); Union (October 27, 2017);
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Stowell (November 1, 2017); and Barnum (November 14, 2017).
7.

On November 14, 2017, the Court denied Plaintiffs’ Emergency Motion to

Reconsider and Emergency Motion to Strike. [ECF No. 43].
8.

Third Party Defendants require additional time to investigate the allegations,

evaluate their defenses, and prepare their responses, particularly in light of the Court’s recent
decisions to deny Plaintiffs’ Emergency Motion to Reconsider and Emergency Motion to Strike.

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9.

Counsel for Third Party Defendants have conferred with counsel for Plaintiffs

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and for Defendants, and the parties agree that Third Party Defendants shall have an extension of

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thirty (30) days from the date of this Stipulation, up to and until December 15, 2017 to respond

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to the Amended Third Party Complaint, by answer, motion, pleading, or otherwise. The parties

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agree that this extension is appropriate given the recently decided motions, the different service

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dates and response dates for each Third Party Defendant, the impending Thanksgiving holiday,

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and the interest of judicial efficiency of having a consolidated response date.
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10.

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Third Party Defendants will require time to conduct discovery, prepare their

defenses, and file dispositive motions, and Third Party Defendants accordingly reserve their
rights to seek relief from the Court’s Scheduling Order and to move to extend the discovery,
dispositive motion, and other case deadlines or for any other relief.

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11.

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disclosures pursuant to Rule 26(a) within seven days after they file their responsive pleading.
WHEREFORE, by Stipulation of all Parties, the Third Party Defendants request that the

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The parties also agree that the Third Party Defendants will serve their initial

Court grant them a stipulated extension up to and until December 15, 2017 to respond to the
Amended Third Party Complaint, by answer, motion, pleading, or otherwise.
Dated this 15th day of November, 2017.

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HUTCHISON & STEFFEN, PLLC

FISHER & PHILLIPS, LLP

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/s/ Jacob R. Reynolds___________________
Jacob R. Reynolds (10199)
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145

___/s/ Allison L. Kheel__________________
David B. Dornak (6274)
Allison L. Kheel (12986)
300 S. Fourth St., Suite 1500
Las Vegas, NV 89101

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Attorneys for RubinBrown LLP

Attorneys for Beverage Management
Systems, Inc. and Gorham Nicol

BROWNSTEIN HYATT FARBER
SCHRECK, LLP

ROPERS MAJESKI KOHN & BENTLEY,
P.C.

_/s/ Christopher M. Humes ______________
Adam P. Segal (6120)
Bryce C. Loveland (10132)
Christopher M. Humes (12782)
100 N. City Pkwy
Las Vegas, NV 89106

___/s/ Timothy J. Lepore _______________
Timothy J. Lepore (13908)
3753 Howard Hughes Pkwy., Suite 200
Las Vegas, NV 89169

Attorneys for Plaintiffs

Attorneys for Lecia Barnum and Glenn
Goodnough

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//
//
//

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DOBBERSTEIN LAW GROUP

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_/s/ Eric Dobberstein___________________
Eric Dobberstein (3712)
9480 S. Eastern Avenue, No. 244
Las Vegas, NV 89123

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Francis J. Morton (2380)
P.O. Box 370955
Las Vegas, NV 89137
Attorneys for United Association of
Journeymen and Apprentices of the Plumbing
and Pipe Fitting Industry of the United States
And Canada, Local 525, Las Vegas Nevada
AFL-CIO and Derick Stowell

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IT IS SO ORDERED
16th
Dated this ______ day of November, 2017.
________________________________________
UNITED STATES MAGISTRATE JUDGE

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