Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Wildhorse Investments, Inc. dba Black Canyon Construction, a Nevada Corporation

Filing 61

ORDER Granting 59 Proposed Discovery Plan. Discovery due by 8/2/2024. Motions due by 9/2/2024. Proposed Joint Pretrial Order due by 10/1/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 7/2/2024. (Copies have been distributed pursuant to the NEF - AMMi)

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1 2 3 4 5 6 Christopher M. Humes, Esq., Nevada Bar No. 12782 William D. Nobriga, Esq., Nevada Bar No. 14931 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 Telephone: (702) 382-2101 Facsimile: (702) 382-8135 Email: chumes@bhfs.com Email: wnobriga@bhfs.com Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 (702) 382-2101 9 10 11 12 13 14 15 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; and THE BOARD OF TRUSTEES OF THE SOUTHERN NEVADA LABORERS LOCAL 872 TRAINING TRUST, 16 17 18 19 20 21 Case No. 2:23-cv-01122-APG-MDC PROPOSED AMENDED SCHEDULING ORDER Plaintiffs, vs. WILDHORSE INVESTMENTS, INC. dba BLACK CANYON CONSTRUCTION, a Nevada corporation; WESTERN NATIONAL MUTUAL INSURANCE COMPANY, a Minnesota corporation, 22 Defendants. 23 24 25 26 27 Plaintiffs, the Boards of Trustees of the Construction Industry and Laborers Health and Welfare Trust, the Construction Industry and Laborers Joint Pension Trust, the Construction Industry and Laborers Vacation Trust, the Southern Nevada Laborers Local 872 Training Trust (“Trust Funds” or “Plaintiffs”), by and through their counsel of record, submit the following 28 28964952.1 1 1 Proposed Amended Discovery Plan and Scheduling Order (the “Proposed Order”).1 The Trust 2 Funds submit the Proposed Order, given this Court’s order that discovery was stayed 60 days 3 until May 24, 2024. Given this stay, the Trust Funds respectfully request that the Court 4 memorializes the new discovery deadlines, accounting for the stay. The current discovery deadlines are as follows: BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 (702) 382-2101 5 6  Discovery Cut-Off Date: August 2, 2024 7  Expert Report Deadline: June 3, 2024 8  Rebuttal Expert Report Deadline: July 3, 2024 9  Dispositive Motions Deadline: September 2, 2024  Pretrial Order: October 1, 2024 10 11 Dated: June 12, 2024 12 BROWNSTEIN HYATT FARBER SCHRECK, LLP /s/ Christopher M. Humes Christopher M. Humes, Esq., Nevada Bar No. 12782 William D. Nobriga, Esq., Nevada Bar No. 14931 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 Telephone: (702) 382-2101 Facsimile: (702) 382-8135 13 14 15 16 17 Attorneys for Plaintiffs 18 ORDER 19 IT IS SO ORDERED. Under LR 7-2(d), the failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the motion. No one filed an opposition and the time to do so has passed. The opposing party has thus consented. 20 21 22 23 24 ________________________________________________ UNITED STATES DISTRICT / MAGISTRATE JUDGE 25 7-2-24 DATED: _______________________________________ 26 1 27 28 The Trust Funds’ counsel tried multiple times to contact Defendant’s counsel in an effort to jointly present this proposed discovery schedule and order, but none of his communications were responded to by opposing counsel. 28964952.1 2 D CERTIFICATE OF SERVICE 1 2 Pursuant to Federal Rule of Civil Procedure 5(b), I certify that I am an employee of 3 Brownstein Hyatt Farber Schreck, LLP and that on June 13, 2024, I served a true copy of the 4 foregoing PROPOSED AMENDED SCHEDULING ORDER via the Court’s CM/ECF System 5 and upon: 6 Malani L. Kotchka, Esq. Malani L. Kotchka, Llc 520 South Fourth Street, Suite 320 Las Vegas, Nevada 89101 mlk@malanilkotchkallc.com 7 8 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 (702) 382-2101 9 10 Attorney for Defendant Wildhorse Investments, Inc. dba Black Canyon Construction 11 12 13 14 15 16 17  via U.S. MAIL upon Western National Mutual Insurance Company c/o Nevada Division of Insurance 1818 E. College Parkway, Suite 103 Carson City, Nevada 89706 legal@doi.nv.gov I declare under penalty of perjury that the foregoing is true and correct. 18 /s/ Ebony Davis An employee of Brownstein Hyatt Farber Schreck, LLP 19 20 21 22 23 24 25 26 27 28 28964952.1 3

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