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Board of Trustees of Plumbers And Pipefitters Local 525 Health and Welfare Trust and Plan v. Beverage Management Systems, Inc.

United States District Court, D. Nevada

November 16, 2017

BOARD OF TRUSTEES OF THE PLUMBERS AND PIPEFITTERS LOCAL 525 HEALTH AND WELFARE TRUST AND PLAN; BOARD OF TRUSTEES OF THE PLUMBERS AND PIPEFITTERS UNION LOCAL 525 PENSION PLAN; and BOARD OF TRUSTEES OF PLUMBERS AND PIPEFITTERS LOCAL UNION 525 APPRENTICE AND JOURNEYMAN TRANINING TRUST FOR SOUTHERN NEVADA, Plaintiffs,
v.
BEVERAGE MANAGEMENT SYSTEMS, INC., and Oregon corporation; GORHAM NICOL, an individual, Defendants/Third Party Plaintiffs.
v.
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL 525, LAS VEGAS NEVADA AFL-CIO; DERICK STOWELL; RUBIN BROWN LLP, SUCCESSOR IN INTEREST TO STEWART, ARCHIBALD & BARNEY; LECIA BARNUM, and GLENN GOODNOUGH, Third Party Defendants.

          Jacob A. Reynolds HUTCHISON & STEFFEN, PLLC Attorneys for RubinBrown LLP

          Adam P. Segal, Bryce C. Loveland, Christopher M. Humes BROWNSTEIN HYATT FARBER SCHRECK, LLP Attorneys for Plaintiffs

          David B. Dornak, Allison L. Kheel Attorneys for Beverage Management Systems, Inc. and Gorham Nicol

          Timothy J. Lepore ROPERS MAJESKI KOHN & BENTLEY, P.C. Attorneys for Lecia Barnum and Glenn Goodnough

          Eric Dobberstein, Francis J. Morton DOBBERSTEIN LAW GROUP Attorneys for United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States And Canada, Local 525, Las Vegas Nevada AFL-CIO and Derick Stowell

          STIPULATED REQUEST FOR EXTENSION OFTIME FOR THIRD PARTY DEFENDANTS TO RESPOND TO AMENDEDTHIRD PARTY COMPLAINT (FIRST REQUEST)

         COME NOW Plaintiffs Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health & Welfare Trust and Plan, Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan, and the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Apprentice and Journeyman Training Trust for Southern Nevada (collectively, “Plaintiffs”); Defendants/Third-Party Plaintiffs Beverage Management Systems, Inc. and Gorham Nicol (“collectively, “Defendants”), and Third-Party Defendants United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 525, Las Vegas, Nevada AFL-CIO (“Union”); Derick Stowell (“Stowell”); RubinBrown LLP (“RubinBrown”); Lecia Barnum (“Barnum”), and Glenn Goodnough (“Goodnough”) (collectively, “Third Party Defendants”), by and through counsel, and for their first Stipulated Request for Extension of Time for Third Party Defendants to Respond to Amended Third Party Complaint, up to and including December 15, 2017, state as follows:

1. This lawsuit was brought by Plaintiffs on April 18, 2017. Per the Court's case management order, the deadline to amend pleadings or add parties was August 31, 2017; the discovery deadline is November 29, 2017; and the dispositive motion deadline is December 29, 2017. [ECF No.15].
2. On August 31, 2017, Defendants filed a motion for leave to file Third-Party Complaint. [ECF No. 17]. The Court granted that motion on September 28, 2017. [ECF No. 21]. On October 3, 2017, Defendants filed their Third Party Complaint [ECF No. 24], and Amended Third Party Complaint. [ECF No. 25].
3. On October 25, 2017, Plaintiffs filed their Emergency Motion to Reconsider with respect to the filing of the Third Amended Complaint. [ECF No. 34].
4. On November 3, 2017, Plaintiffs filed their Emergency Motion to Strike Defendants' First Amended Third-Party Complaint (“Emergency Motion to Strike”). [ECF No. 38].
5. On November 3, 2017, Defendants filed their Motion to Extend Discovery and Other Case Deadlines (“Motion to Extend Discovery”) [ECF No. 39]. This motion remains pending.
6. All Third Party Defendants have been appropriately served as follows: RubinBrown (October 26, 2017); Goodnough (October 27, 2017); Union (October 27, 2017); Stowell (November 1, 2017); and Barnum (November 14, 2017).
7. On November 14, 2017, the Court denied Plaintiffs' Emergency Motion to Reconsider and Emergency Motion to Strike. [ECF No. 43].
8. Third Party Defendants require additional time to investigate the allegations, evaluate their defenses, and prepare their responses, particularly in light of the Court's recent decisions to deny Plaintiffs' ...

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