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

Filing 161

ORDER granting ECF No. 154 Motion for Summary Judgment. (See pdf order for further details). Signed by Judge Robert C. Jones on 10/9/2020. (Copies have been distributed pursuant to the NEF - LW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRUSTEES OF THE NORTHERN NEVADA
LABORERS HEALTH & WELFARE TRUST
FUND, et al.

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Case No. 3:17-CV-00577-RCJ-CLB

Plaintiffs,
vs.

ORDER

ALLEGHENY CASUALTY COMPANY, et al.
Defendants.

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Counter Claimant Allegheny Casualty Company (“Allegheny”) as surety issued on behalf

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of Defendant Specialty Contracting Company d/b/a/ Diversified Demolition (“Diversified

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Demolition”), as principal, two Nevada Contractor’s License Bonds identified as Bond Nos.

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0559309 and 0559310, each in the penal sum of $50,000, for a bond penal sum total of $100,000

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(“Diversified Demolition Bonds”). (ECF No. 149.) Allegheny, as surety, also issued on behalf of

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Defendant Diversified Concrete Cutting, Inc. (“Diversified Concrete”), as principal, one Nevada

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Contractor’s License Bond identified as Bond No. 0602136, in the penal sum of $20,000

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(“Diversified Concrete Bond”). (Id.) All three bonds were issued pursuant to the requirements of

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NRS Chapter 624. (Id.)
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Counter Defendants the Cement Masons Funds, Northern Nevada Laborers Funds,

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Carpenters Funds, Northern Nevada Operating Engineers Funds, Southern Nevada Laborers

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Funds, and the Operating Engineers Local 12 Funds (collectively, “Trust Fund Claimants”) all

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filed timely answers to Allegheny’s Counterclaim. Trust Fund Claimants have moved for

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allocation of these funds through a joint motion for summary judgment. (ECF No. 154.) No party

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has opposed this motion, and many have filed non-oppositions or notices that the time to oppose

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the motion has lapsed. (ECF Nos. 155–60.) The parties jointly agree that the funds should be

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distributed on a pro rata percentage of their priority labor claims as supported by declarations and

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detailed in the conclusion. (ECF No. 154 Exs. 1–4.) The motion is therefore granted.

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CONCLUSION
IT IS HEREBY ORDERED that the Trust Fund Claimants are proper claimants on the
Bonds under NRS 624.273 and the Bond Agreements.

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IT IS FURTHER ORDERED that the claims of the Cement Masons Trusts for unpaid

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fringe benefit contributions, interest, liquidated damages, attorney’s fees, court costs, and audit

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costs in the total amount of $40,88.21 are proper.

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IT IS FURTHER ORDERED that the claims of the Northern Nevada Laborers Trusts for

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unpaid fringe benefit contributions, interest, liquidated damages, attorney’s fees, court costs, and

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audit costs in the total amount of $463,986.32 are proper.

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IT IS FURTHER ORDERED that the claims of the Operating Engineers Local 12 Trusts

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for unpaid fringe benefit contributions, interest, liquidated damages, attorney’s fees, court costs,

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and audit costs in the total amount of $229,686.89 are proper.

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IT IS FURTHER ORDERED that the claims of the Southern Nevada Laborers Trusts for

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unpaid fringe benefit contributions, interest, liquidated damages, attorney’s fees, court costs, and

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audit costs in the total amount of $168,826.12 are proper.
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IT IS FURTHER ORDERED that the claims of the Northern Nevada Operating Engineers

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Trusts for unpaid fringe benefit contributions, interest, liquidated damages, attorney’s fees, court

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costs, and audit costs in the total amount of $103,751.84 are proper.

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IT IS FURTHER ORDERED that the claims of the Carpenters Trusts for unpaid fringe

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benefit contributions, interest, liquidated damages, attorney’s fees, court costs, and audit costs in

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the total amount of $84,207.81 are proper.
IT IS FURTHER ORDERED that the claims of the Trust Fund Claimants are preferred

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labor claims under NRS 624.723(6).

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IT IS FURTHER ORDERED that the Bond Proceeds will be immediately distributed to

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the Trust Fund Claimants on a pro-rata basis in proportion to the amounts of their respective

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claims.

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IT IS FURTHER ORDERED that the amount of pro rata distribution to these Trust Fund
Claimants is as follows:

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a. Northern Nevada Laborers: $48,138.42

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b. Northern Nevada Operating Engineers: $10,066.02

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c. Cement Masons: $2,646.38

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d. Southern Nevada Laborers: $25,237.71

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e. Operating Engineers Local 12 Funds: $28,326.77

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f. Carpenters: $3,840.66

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IT IS SO ORDERED. Dated

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October 9, 2020.

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_____________________________________
ROBERT C. JONES
United States District Judge
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