Trustees of the Northern Nevada Laborers Health & Welfare Trust Fund et al

Filing 110

ORDER that the Motion Interpleader (ECF No. 106 ) is DENIED WITHOUT PREJUDICE; the Motion for Leave to File Second Amended Counterclaim (ECF No. 109 ) is GRANTED; Clerk directed to file Exhibit 4 of Motion for Leave to File Second Ame nded Counterclaim (ECF No. 109 ) as the Second Amended Counterclaim; all previously filed answers, dismissals, and defaults to the First Amended Counterclaim shall apply to the Second Amended Counterclaim. Signed by Judge Robert C. Jones on 8/27/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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Trustees of the Northern Nevada Laborers
Health & Welfare Trust Fund, et al.,
Plaintiffs,

CASE 2:18-cv-01917-RCJ-EJY
NO.: 3:17-CV-00577-RCJ-CBC

v.
ORDER
Allegheny Casualty Company, et al.,

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Defendants.

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Defendant and Counterclaimant Allegheny Casualty Company (Allegheny) is the surety of

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bonds for this case and has filed Motion Interpleader (ECF No. 106). This motion has gone

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unchallenged; however, Allegheny discovered four additional claimants (MGM Resorts Design

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and Development, CEMEX, Dielco Crane Service, Inc., and Shaw-Lundquist Associates, Inc.)

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during the pendency of the motion. Thus, Allegheny filed Motion for Leave to File Second

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Amended Counterclaim (ECF No. 109) to add these four claimants to its counterclaim for

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interpleader. This motion has also gone unchallenged. The Court grants Motion for Leave to File

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under LR 7-2(d), since no party objected.

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The granting of Motion for Leave to File requires that the four new claimants are given an

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opportunity to respond prior to the Court granting the Motion Interpleader. Accordingly, the Court

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denies this motion without prejudice with leave to refile when the motion becomes ripe.

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CONCLUSION
IT IS HEREBY ORDERED that Motion Interpleader (ECF No. 106) is DENIED
WITHOUT PREJUDICE.

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IT IS FURTHER ORDERED that Motion for Leave to File Second Amended
Counterclaim (ECF No. 109) is GRANTED.

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IT IS FURTHER ORDERED that the clerk of the Court shall file Exhibit 4 of Motion for

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Leave to File Second Amended Counterclaim (ECF No. 109) as the Second Amended

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Counterclaim.

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IT IS FURTHER ORDERED that all previously filed answers, dismissals, and defaults to
the First Amended Counterclaim shall apply to the Second Amended Counterclaim.
IT IS SO ORDERED.
DATED: This 27th day of August 2019.
Dated this 22nd day of August, 2019.
26th day of August, 2019.

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_____________________________________
ROBERT C. JONES
United States District Judge

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