Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Alston Construction Company, Inc. et al
Filing
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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: (702) 570-6000
Facsimile: (702) 463-8401
E-mail: minfuso @greeneinfusolaw.com
kbarlow@greeneinfusolaw.com
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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