Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Alston Construction Company, Inc. et al

Filing 11

ORDER granting 10 Stipulation to Extend Time to Answer/Respond re: 1 Complaint. Alston Construction Company, Inc. answer due 4/25/2018. Signed by Magistrate Judge George Foley, Jr on 3/27/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00416-APG-GWF Document 10 Filed 03/26/18 Page 1 of 2

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ANTHONY L. MARTIN
Nevada Bar No. 8177
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Alston Construction Company, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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THE BOARD OF TRUSTEES OF THE
CONSTRUCTION INDUSTRY AND LABORERS
HEALTH AND WELFARE TRUST; THE BOARD
OF TRUSTEES OF THE CONSTRUCTION
INDUSTRY AND LABORERS JOINT PENSION
TRUST; THE BOARD OF TRUSTEES OF THE
CONSTRUCTION INDUSTRY AND LABORERS
VACATION
TRUST;
THE
BOARD
OF
TRUSTEES
OF
SOUTHERN
NEVADA
LABORERS LOCAL 872 TRAINING TRUST,

Case No.: 2:18-cv-00416-APG-GWF
STIPULATION AND ORDER
TO EXTEND DEADLINE FOR
ALSTON CONSTRUCTION
COMPANY, INC. TO FILE
RESPONSE TO PLAINTIFFS’
COMPLAINT
[FIRST REQUEST]

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Plaintiffs,
vs.
ALSTON CONSTRUCTION COMPANY,
INC., a California corporation; KIEWIT
INFRASTRUCTURE WEST CO., a Delaware
corporation; ARIA RESORT & CASINO, LLC,
a Nevada limited liability company; MGM
RESORTS INTERNATIONAL, a Nevada
corporation; BELLAGIO, LLC, a Nevada
limited liability company; and KENNETH M.
MERCURIO, an individual,
Defendants.

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Plaintiffs the Board of Trustees of the Construction Industry and Laborers Health and
Welfare Trust; the Board of Trustees of the Construction Industry and Laborers Joint Pension

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Trust; the Board of Trustees of the Construction Industry and Laborers Vacation Trust; and the

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Board of Trustees of Southern Nevada Laborers Local 872 Training Trust, (“Plaintiffs”) and

Case 2:18-cv-00416-APG-GWF Document 10 Filed 03/26/18 Page 2 of 2

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Defendant Alston Construction Company, (“Alston Construction”) by and through their respective

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undersigned counsel, hereby stipulate and agree to extend the time for Alston Construction to

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answer Plaintiffs’ Complaint related to alleged liability for a subcontractors contributions to an
ERISA trust fund (the “Complaint”). This is the first request for an extension of time to respond to

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the Complaint.
This extension is requested because Defendant Alston Construction only recently retained

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defense counsel in this matter. In order to become familiar with the case, Defendant’s counsel

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requires additional time to complete their response to the Complaint, as well as explore the

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potential of resolution with the Plaintiffs. By way of the instant stipulation, the parties agree to

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extend the deadline for Alston Construction to file its responsive pleadings for an additional thirty

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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(30) days, up to and including April 25, 2018.
This stipulation is made in good faith and is not intended for purposes of delay, but in the
interest of judicial economy.
Dated this 26th day of March, 2018.
THE URBAN LAW FIRM

OGLETREE, DEAKS, NASH, SMOAK &
STEWART, P.C.

/s/ Nathan R. Ring
Michael A. Urban
Nathan R. Ring
4270 S. Decatur Blvd., Suite A-9
Las Vegas, NV 89103
Attorneys for Plaintiffs

/s/ Anthony L. Martin
Anthony L. Martin
Wells Fargo Tower, Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Attorneys for Defendant Alston Construction

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ORDER
IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
3/27/2018

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DATE
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