International Association of Heat & Frost Insulators & Allied Workers, Local #135, a labor organization and unincorporated association v. Local 135 Joint Apprenticeship and Training Committee

Opinion

C W h i r ll is ia to m p h D e . r N M o . b H rig u a m , e E s s , q E ., s q N ., e N va e d v a a d B a a r B N ar o N . 1 o 4 . 9 1 3 2 1 7 82 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 Telephone: (702) 382.2101 Facsimile: (702) 382.813 Email: bcloveland@bhfs.com chumes@bhfs.com wnobriga@bhfs.com Attorneys for Defendant Local 135 Joint Apprenticeship and Training Committee UNITED STATES DISTRICT COURT DISTRICT OF NEVADA INTERNATIONAL ASSOCIATION OF CASE NO: 2:25-cv-01626-JCM-NJK WORKERS, LOCAL #135, a labor organization and unincorporated association, STIPULATION AND JOINT Plaintiff, REQUEST TO CONTINUE STAY v. THE LOCAL 135 JOINT APPRENTICESHIP & TRAINING COMMITTEE, an employee benefit trust governed by ERISA; ANDRES ALTAMIRANO, an individual in his capacity as former trustee of the Local 135 JATC; SHANE STRILEY, an individual in his capacity as a former trustee of the Local 135 JATC; LARRY VALOAGA, an individual in his capacity as a former trustee of the Local 135 JATC; JEREMY AZEVEDO, an individual in his capacity as a trustee of the Local 135 JATC; CHRISTOPHER HOOKS, an individual in his capacity as a trustee of the Local 135 JATC; THOMAS BRACKETT, an individual in his capacity as a trustee of the Local 135 JATC; GEORGE TUIAANA, an individual in his capacity as a former alternate trustee of the Local 135 JATC, Defendants. And all related Counterclaimants and Counter- defendants undersigned counsel, hereby submit this Stipulation and Joint Request to Continue Stay of Proceedings. As reported in the Parties’ previous Progress Report, the parties have engaged in lengthy settlement efforts, including a settlement conference, discussing various forms of resolution to this case. The parties ultimately agreed to allow the Plaintiff/Counterdefendant International Association of Heat & Frost Insulators & Allied Workers, Local #135 (the “Union”) to conduct a vote through its membership to determine if the Union should continue the instant litigation. See ECF No. 76, at 3. On August 17, 2026, the Union held the vote, which resulted in a majority electing to proceed. Given this outcome, the parties are assessing a variety of paths forward, including resuming discovery by negotiating a new scheduling order for presentation to the Court, seeking a continued stay of this case until the Court rules on pending Motions to Dismiss, or possible actions relating to adoption of new Union Bylaws. See ECF No. 76, at 4. The parties are currently in active discussion to determine if they can agree to a joint request to the Court regarding how to proceed. They therefore respectfully request that the Court continue the stay for an additional 14-day period, until September 8, 2026. On or before that date, the parties will either provide a joint request regarding how to move the case forward to the Court for approval, or alternatively will present competing proposals for the Court’s consideration. As this Court knows, it has “inherent authority to stay federal proceedings pursuant to its docket management powers.” Ernest Bock, LLC v. Steelman, 76 F.4th 827, 842 (9th Cir. 2023). A very short stay such as the one requested here is well within the Court’s discretion. Additionally, this request is not meant to delay this matter further, but in the interests of conservation of resources and judicial economy, allows the parties an opportunity to eliminate any controversy or argument, and necessary Court intervention, regarding how to proceed. The parties therefore respectfully request that the Court maintain the current stay for 14 days, until September 8, 2026. / / / / / / / / / FENNEMORE CRAIG, P.C. BROWNSTEIN HYATT FARBER /s/ Ryan C. Curtis /s/ Christopher M. Humes Shannon S. Pierce (Bar No. 12471) Bryce C. Loveland Ryan C. Curtis (Bar No. 12949) Nevada Bar No. 10132 7800 Rancharrah Parkway Christopher M. Humes Reno, NV 89511 Nevada Bar No. 12782 Telephone: (775) 788-2200 William D. Nobriga Attorneys for Defendants/Counterclaimants Nevada Bar No. 14931 Shane Striley, Jeremy Azevedo, 100 North City Parkway, Suite 1600 Christopher Hooks, Thomas Brackett, and Las Vegas, NV 89106-2102 George Tuiaana Attorneys for Defendant/Counterclaimant Local 135 Joint Apprenticeship and Training Committee REESE RING VELTO, PLLC /s/ N a than R. Ring Nathan R. Ring Nevada Bar No. 12078 Alex R. Velto Nevada Bar No. 14961 3100 W. Charlston Blvd., Ste. 208 Las Vegas, NV 89102 Attorneys for Plaintiff / Counter-Defendants International Association of Heat & Frost Insulators & Allied Workers Local #135, Gerald Bragg, and Daniel Haguewood __________________________________________ UNITED STATES DISTRICT JUDGE DATED: __A__u_g_u_st_ 2_6_,_ 2_0_2_6____________________ Case No. 2:25-cv-01626-JCM-NJK