Board of Trustees of the Southern Nevada Glaziers and Fabricators Pension Trust Fund v. Sun Pacific Glazing, Inc. et al

Filing 18

ORDER Granting 16 Stipulation for Dismissal with prejudice. Western National Mutual Insurance Company terminated. Signed by Judge James C. Mahan on 9/16/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:22-cv-01056-JCM-NJK Document 18 Filed 09/16/22 Page 1 of 3

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CHRISTENSEN JAMES & MARTIN, CHTD.
Wesley J. Smith, Esq. (11871)
Kevin B. Archibald, Esq. (13817)
Dylan J. Lawter, Esq. (15947)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail], [e-mail]
Attorneys for Plaintiff Board of Trustees of the
Southern Nevada Glaziers and Fabricators Pension Trust Fund

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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*****
BOARD OF TRUSTEES OF THE
SOUTHERN NEVADA GLAZIERS AND
FABRICATORS PENSION TRUST FUND,

Plaintiff,

CASE NO.: 2:22-cv-01056-JCM-NJK
STIPULATION FOR DISMISSAL
WITH PREJUDICE

vs.
SUN PACIFIC GLAZING, INC., a California
corporation; AMERICAN CONTRACTORS
INDEMNITY COMPANY, a California
corporation; WESTERN NATIONAL
MUTUAL INSURANCE COMPANY, a
Minnesota corporation; JOHN DOES I-XX,
inclusive; and ROE ENTITIES I-XX,
inclusive,

Date: N/A
Time: N/A

Defendants.

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Plaintiff Board of Trustees of the Southern Nevada Glaziers and Fabricators Pension
Trust Fund (“Plaintiff”) and Defendant Western National Mutual Insurance Company
(“WNMIC”), each acting by and through their undersigned counsel, pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii), hereby stipulate and agree as follows:
1.

On July 5, 2022, the Plaintiff filed its Complaint in this matter to enforce terms of

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the Trust Acceptance and Contribution Agreement (“Contribution Agreement”), various

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participation agreements including the Participation Agreement with District Council 36 for the

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Sunkist ES Project (“Participation Agreements”), and the Master Labor Agreement with District

Case 2:22-cv-01056-JCM-NJK Document 18 Filed 09/16/22 Page 2 of 3

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Council 36 (“Master Labor Agreement”) (Contributions Agreement, Participation Agreements,

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and Master Labor Agreement collectively the “Labor Agreements”) requiring Sun Pacific

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Glazing, Inc. (“SPG”) to remit contributions to the Plaintiff for work covered under the Labor

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Agreements.

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2.

The Complaint alleged that WNMIC issued a payment/performance bond for the

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Sunkist ES Project, and the Plaintiff demanded relief out of the proceeds of the bond issued by

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WNMIC.

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3.

Following the filing of the Complaint, the Plaintiff and SPG entered into a

settlement agreement, which satisfied the Plaintiff’s claims against WNMIC.
4.

All matters asserted against WNMIC in the Complaint have been resolved and

dismissal is appropriate.

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5.

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Dated this 14th day of September, 2022.

By this Stipulation, WNMIC shall be and is dismissed with prejudice.

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CHRISTENSEN JAMES & MARTIN

THE FAUX LAW GROUP

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By: /s/ Dylan J. Lawter
Dylan J. Lawter, Esq.
Nevada Bar No. 15947
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
[phone]
Email: [e-mail]
Attorneys for Plaintiff Board of Trustees of
the Southern Nevada Glaziers and
Fabricators Pension Trust Fund

By:
/s/ Kurt C. Faux
Kurt C. Faux, Esq.
Nevada Bar No. 3407
2625 North Green Valley Parkway, #100
Henderson, NV 89014
[phone]
Email: [e-mail]
Attorneys for Defendant Western National
Mutual Insurance Company

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IT IS SO ORDERED

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UNITED STATES DISTRICT JUDGE

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Dated:

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-2-

September 16, 2022

Case 2:22-cv-01056-JCM-NJK Document 18 Filed 09/16/22 Page 3 of 3

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CERTIFICATE OF SERVICE

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I am an employee of Christensen James & Martin. On the date of filing of the foregoing
papers with the Clerk of Court I caused a true and correct copy to be served in the following
manner:

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☒
ELECTRONIC SERVICE: Pursuant to Local Rule LR IC 4-1 of the United
States District Court for the District of Nevada, the above-referenced document was
electronically filed and served on all appearing parties through the Notice of Electronic Filing
automatically generated by the Court.
☐
UNITED STATES MAIL: By depositing a true and correct copy of the abovereferenced document into the United States Mail with prepaid first-class postage, addressed to
the parties at their last-known mailing address(es):
☐
OVERNIGHT COURIER: By depositing a true and correct copy of the abovereferenced document for overnight delivery via a nationally-recognized courier, addressed to the
parties listed below which was incorporated by reference and made final in the w at their lastknown mailing address.
☐
FACSIMILE: By sending the above-referenced document via facsimile to those
persons listed on the attached service list at the facsimile numbers set forth thereon.

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CHRISTENSEN JAMES & MARTIN

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By:

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/s/ Natalie Saville