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Trustees of Plumbers and Pipefitters Union Local 525 Health and Welfare Trust & Plan v. Juan Carrillo Sotelo Dba Sotelo Air

United States District Court, D. Nevada

February 13, 2017

TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 HEALTH AND WELFARE TRUST AND PLAN; TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN; AND THE TRUSTEES OF THE PLUMBERS AND PIPEFITTERS LOCAL UNION 525 APPRENTICE AND JOURNEYMAN TRAINING TRUST FOR SOUTHERN NEVADA, Plaintiffs,
v.
JUAN CARRILLO SOTELO DBA SOTELO AIR; SOTELO AIR, INC., DBA COOL AIR NOW; AEGIS SECURITY INSURANCE COMPANY, A PENNSYLVANIA CORPORATION; AMERICAN SAFETY CASUALTY INSURANCE COMPANY, A GEORGIA CORPORATION, Defendants. TRUSTEES OF THE PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND AND INTERNATIONAL TRAINING FUND, Plaintiffs,
v.
JUAN CARRILLO SOTELO DBA SOTELO AIR; SOTELO AIR, INC. DBA COOL AIR NOW; JUAN CARRILLO SOTELO, AN INDIVIDUAL; JOHN DOES I-X AND ROE CORPORATIONS I-X, INCLUSIVE, Defendants.

          LAW OFFICES OF MARK R. SMITH, P.C. Mark R. Smith, Esq. Nevada Bar No. 11872 Attorneys for Defendants, Juan Carrillo Sotelo, dba Sotelo Air; Sotelo Air, Inc. dba Cool Air Now; and Juan Carrillo Sotelo, individually

          BROWNSTEIN HYATT FARBER SCHRECK, LLP Adam P. Segal, Esq. Nevada Bar No. 6120 Bryce C. Loveland, Esq. Nevada Bar No. 10132 Christopher M. Humes, Esq. Nevada Bar No. 12782 Attorneys for Plaintiffs, Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan; Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; and The Trustees of the Plumbers and Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada

          STIPULATION AND ORDER TO STRIKE EXHIBITS CONTAINING AFFIDAVIT OF TIM NAAS; AND TO WITHDRAW PLAINTIFFS' MOTION TO STRIKE EXHIBITS CONTAINING AFFIDVIT OF TIM NAAS (DOC. #169)

          HONORABLE RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         Defendants, Juan Carrillo Sotelo dba Sotelo Air; Sotelo Air, Inc. dba Cool Air Now; and Juan Carrillo Sotelo, individually, by and through their counsel, Patricia A. Marr, Esq., of the law firm of Patricia A. Marr, Ltd., and Mark R. Smith, Esq., of the Law Offices of Mark R. Smith, P.C. and Plaintiffs, Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan; Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; and The Trustees of the Plumbers and Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada, by and through their counsel, Christopher M. Humes, Esq., of the law firm of Brownstein Hyatt Farber Schreck, LLP, hereby stipulate and agree, as follows:

         1. Exhibits containing and text referencing the Affidavit of Tim Naas shall be stricken from Defendants' Opposition to Plaintiffs' Renewed Motion for Summary Judgment (Doc. #87, filed October 15, 2015 - the “Original Opposition”). See Original Opp., at 5:24-26 and Ex. F attached thereto at SoteloAIR000096.

         2. Exhibits containing and citations referencing the Affidavit of Tim Naas shall be stricken from Defendants' Renewed Opposition to Plaintiffs' Renewed Motion for Summary Judgment (Doc. #145, filed October 14, 2016 - the “New Opposition”). See New Opp., at 5:13, 7:6 and Ex. E attached thereto.

         3. The Motion to Strike Exhibits Containing the Affidavit of Tim Naas, which was filed by Plaintiffs Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan; Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; and The Trustees of the Plumbers and Pipefitters Local Union 525 Apprentice and Journeyman Training Trust for Southern Nevada (Doc. #169, filed November 10, 2016) is hereby withdrawn.

         4. Based upon the foregoing stipulation and agreement between the parties, Defendants shall not be required to file a formal response to the aforementioned Motion to Strike Exhibits Containing the Affidavit of Tim Naas.

         IT IS SO STIPULATED AND AGREED.

         ORDER

         Having reviewed and considered the stipulation of the parties set forth above, and good cause appearing, it is hereby ORDERED that:

         1. Exhibits containing and text referencing the Affidavit of Tim Naas are hereby stricken from Defendants' Opposition to Plaintiffs' Renewed Motion for Summary Judgment (Doc. #87, filed October 15, 2015 - the “Original Opposition”). See Original Opp., at 5:24-26 and Ex. F attached thereto at SoteloAIR000096.

         2. Exhibits containing and citations referencing the Affidavit of Tim Naas are hereby stricken from Defendants' Renewed Opposition to Plaintiffs' Renewed Motion for Summary Judgment (Doc. #145, filed October 14, 2016 - the “New Opposition”). See New Opp., at 5:13, 7:6 and Ex. E attached thereto.

         3. The Motion to Strike Exhibits Containing the Affidavit of Tim Naas, which was filed by Plaintiffs Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan; Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan; and The Trustees of the Plumbers and Pipefitters Local Union 525 Apprentice and ...


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