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

Filing 39

ORDER Granting 38 Stipulation of Dismissal with prejudice as to Defendants Aria Resort & Casino, LLC, MGM Resorts International, and Bellagio, LLC and add MGM Resorts Design and Development (MRDD) as the Real Party in Interest. Defendant MRDD shall file an Answer to Plaintiff's Complaint within 5 days of the Court's approval of this Stipulation. Signed by Judge Andrew P. Gordon on 6/7/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:18-cv-00416-APG-GWF Document 38 Filed 06/07/18 Page 1 of 2

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Michael V. Infuso, Esq., Nevada Bar No. 7388
Keith W. Barlow, Esq., Nevada Bar No. 12689
GREENE INFUSO, LLP
3030 South Jones Boulevard, Suite 101
Las Vegas, Nevada 89146
Telephone: [phone]
Facsimile: [phone]
E-mail: minfuso @greeneinfusolaw.com
[e-mail]
Attorneys for Defendants Aria Resort & Casino, LLC,
MGM Resorts International, Bellagio, LLC, and
MGM Resorts Design and Development

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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,

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STIPULATION AND ORDER TO
DISMISS ARIA RESORT & CASINO,
LLC, MGM RESORTS
INTERNATIONAL, AND BELLAGIO,
LLC, AND ADD MGM RESORTS
DESIGN AND DEVELOPMENT AS
THE REAL PARTY IN INTEREST

Plaintiffs,

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2:18-cv-00416-APG-GWF

v.
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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Pursuant to the provisions of Federal Rule of Civil Procedure 17 and 41, Plaintiffs, The Board

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of Trustees of the Construction Industry and Laborers Health and Welfare Trust; The Board of

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Trustees of the Construction Industry and Laborers Joint Pension Trust; The Board of Trustees of

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Case 2:18-cv-00416-APG-GWF Document 38 Filed 06/07/18 Page 2 of 2

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the Construction Industry and Laborers Vacation Trust; The Board of Trustees of Southern Nevada

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Laborers Local 872 Training Trust (collectively “Plaintiffs”), and Defendants, Aria Resort &

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Casino, LLC, MGM Resorts International, and Bellagio, LLC (“Defendants”), by and through their

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respective attorneys, hereby stipulate and agree as follows:

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WHEREAS, Defendants shall be dismissed from this action, without prejudice;

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WHEREAS, MGM Resorts Design and Development “(MRDD”) is the real party in

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interest in this litigation and Plaintiffs’ allegations against Defendants are against MRDD;
WHEREAS, MRDD shall be substituted in place and stead of Defendants and added as a
party defendant; and
WHEREAS, MRDD shall file its answer to Plaintiffs’ Complaint within five (5) days of
the Court’s approval of this stipulation.

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DATED this 7th day of June, 2018.

DATED this 7th day of June, 2018.

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GREENE INFUSO, LLP

THE URBAN LAW FIRM

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/s/ Michael V. Infuso
Michael V. Infuso, Esq.
Nevada Bar No. 7388
Keith W. Barlow, Esq.
Nevada Bar No. 12689
3030 South Jones Boulevard, Suite 101
Las Vegas, Nevada 89146

/s/ Nathan R. Ring
Michael A. Urban, Esq.
Nevada Bar No. 3875
Nathan R. Ring, Esq.
Nevada Bar No. 12078
4270 S. Decatur Blvd., Suite A-9
Las Vegas, Nevada 89103

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Attorneys for Defendants

Attorneys for Plaintiffs

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IT IS SO ORDERED:

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_____________________________________
UNITED STATES DISTRICT JUDGE

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Dated: June 7, 2018.

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DATED: ______________________________
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