Case 2:20-cv-00716-JCM-NJK Document 6 Filed 06/30/20 Page 1 of 11

1 HOWARD & HOWARD ATTORNEYS PLLC

Brian J. Pezzillo, Nevada Bar No. 7136
2
Karson D. Bright, Nevada Bar No. 14837
3 3800 Howard Hughes Parkway, Suite 1000
Las Vegas, Nevada 89169
4 Tel: (702) 257-1483
Fax: (702) 567-1568
5
bjp@h2law.com; kdb@h2law.com
6
Attorneys for Defendant
7 DERR & ISBELL CONSTRUCTION, LLC
8

9
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
11
The Trustees of the California Ironworkers Case No. 2:20-cv-00716
12
Field Pension Trust, California Ironworkers
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13 Field Welfare Trust, California and Vicinity

Field Ironworkers Annuity Fund, California
14 Field Ironworkers Vacation Trust Fund, DERR & ISBELL CONSTRUCTION,
Las Vegas, NV 89169

California Field Ironworkers Apprenticeship LLC’S ANSWER TO PLAINTIFFS’

(702) 257-1483

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Training and Journeyman Retraining Fund, COMPLAINT
16 Ironworkers Workers’ Compensation Trust,
California Field Ironworkers Administrative
17 Trust, and California Field Ironworkers
Labor Management Cooperative Trust,
18
Plaintiffs,
19
vs.
20
Derr & Isbell Construction, LLC, a Delaware
21
limited lability company, Arch Insurance
22 Company, a Missouri corporation, SureTec
Insurance Company, a Texas surety
23 company, Merrill Iron & Steel, Inc., a
Wisconsin corporation, Nevada State
24
Contractors Board, a Nevada regulatory
25 agency, Liberty Mutual Insurance Company,
a Massachusetts corporation, M. A.
26 Mortensen Company, a Minnesota
27
corporation, McCarthy Building Companies,
Inc., a Missouri corporation, Federal
28 Insurance Company, an Illinois corporation,
Mortensen-McCarthy Las Vegas Stadium, a

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 Case 2:20-cv-00716-JCM-NJK Document 6 Filed 06/30/20 Page 2 of 11

1 joint venture, a general partnership, Hinner,

Hinner, Rejek, LLC, a Wisconsin limited
2
liability company, Hinner, LLC, a Wisconsin
3 limited liability company,

4 Defendants

6
Defendant DERR & ISBELL CONSTRUCTION, LLC (“DERR”) respectfully submits
7
the following Answer to the above-captioned Complaint:
8
JURISDICTION AND VENUE
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1. DERR is without sufficient information to either admit or deny the allegations
10
contained in paragraph 1 of the Complaint and therefore denies same.
11
2. DERR is without sufficient information to either admit or deny the allegations
12
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

contained in paragraph 2 of the Complaint and therefore denies same.

13
3. DERR is without sufficient information to either admit or deny the allegations
14
Las Vegas, NV 89169

contained in paragraph 3 of the Complaint and therefore denies same.

(702) 257-1483

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4. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 4 of the Complaint and therefore denies same.
17
PARTIES
18
5. DERR is without sufficient information to either admit or deny the allegations
19
contained in paragraph 5 of the Complaint and therefore denies same.
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6. DERR is without sufficient information to either admit or deny the allegations
21
contained in paragraph 6 of the Complaint and therefore denies same.
22
7. DERR admits the allegations contained in paragraph 7 of the Complaint.
23
8. DERR admits the allegations contained in paragraph 8 of the Complaint.
24
9. DERR admits the allegations contained in paragraph 9 of the Complaint.
25
10. DERR is without sufficient information to either admit or deny the allegations
26
contained in paragraph 10 of the Complaint and therefore denies same.
27
11. DERR admits that Nevada State Contractors Board is a Nevada regulatory agency
28
agency that governs contractors in the State of Nevada. DERR is without sufficient information

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 Case 2:20-cv-00716-JCM-NJK Document 6 Filed 06/30/20 Page 3 of 11

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to either admit or deny the rest of the allegations contained in paragraph 11 and therefore denies
2
the same.
3
12. DERR is without sufficient information to either admit or deny the allegations
4
contained in paragraph 12 of the Complaint and therefore denies same.
5
13. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 13 of the Complaint and therefore denies same.
7
14. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 14 of the Complaint and therefore denies same.
9
15. DERR is without sufficient information to either admit or deny the allegations
10
contained in paragraph 15 of the Complaint and therefore denies same.
11
16. DERR is without sufficient information to either admit or deny the allegations
12
contained in paragraph 16 of the Complaint and therefore denies same.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13
17. DERR is without sufficient information to either admit or deny the allegations
14
Las Vegas, NV 89169

contained in paragraph 17 of the Complaint and therefore denies same.

(702) 257-1483

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18. DERR is without sufficient information to either admit or deny the allegations
16
contained in paragraph 18 of the Complaint and therefore denies same.
17
19. DERR is without sufficient information to either admit or deny the allegations
18
contained in paragraph 19 of the Complaint and therefore denies same.
19
GENERAL ALLEGATIONS
20
20. DERR is without sufficient information to either admit or deny the allegations
21
contained in paragraph 20 of the Complaint and therefore denies same.
22
21. DERR is without sufficient information to either admit or deny the allegations
23
contained in paragraph 21 of the Complaint and therefore denies same.
24
22. DERR is without sufficient information to either admit or deny the allegations
25
contained in paragraph 22 of the Complaint and therefore denies same.
26
23. DERR is without sufficient information to either admit or deny the allegations
27
contained in paragraph 23 of the Complaint and therefore denies same.
28

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24. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 24 of the Complaint and therefore denies same.
3
25. DERR is without sufficient information to either admit or deny the allegations
4
contained in paragraph 25 of the Complaint and therefore denies same.
5
26. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 26 of the Complaint and therefore denies same.
7
27. DERR admits the allegations contained in paragraph 27 of the Complaint.
8
28. DERR is without sufficient information to either admit or deny the allegations
9
contained in paragraph 28 of the Complaint and therefore denies same.
10
29. DERR is without sufficient information to either admit or deny the allegations
11
contained in paragraph 29 of the Complaint and therefore denies same.
12
30. DERR is without sufficient information to either admit or deny the allegations
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

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contained in paragraph 30 of the Complaint and therefore denies same.
14
Las Vegas, NV 89169

31. DERR is without sufficient information to either admit or deny the allegations
(702) 257-1483

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contained in paragraph 31 of the Complaint and therefore denies same.
16
32. DERR is without sufficient information to either admit or deny the allegations
17
contained in paragraph 32 of the Complaint and therefore denies same.
18
33. DERR is without sufficient information to either admit or deny the allegations
19
contained in paragraph 33 of the Complaint and therefore denies same.
20
34. DERR is without sufficient information to either admit or deny the allegations
21
contained in paragraph 34 of the Complaint and therefore denies same.
22
35. DERR is without sufficient information to either admit or deny the allegations
23
contained in paragraph 35 of the Complaint and therefore denies same.
24
36. DERR is without sufficient information to either admit or deny the allegations
25
contained in paragraph 36 of the Complaint and therefore denies same.
26
37. DERR is without sufficient information to either admit or deny the allegations
27
contained in paragraph 37 and therefore denies the same.
28

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38. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 38 of the Complaint and therefore denies same.
3
39. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 39 of the Complaint and therefore denies same.
5
40. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 40 of the Complaint and therefore denies same.
7
41. DERR is without sufficient information to either admit or deny the allegations
8
contained in paragraph 41 and therefore denies the same.
9
42. DERR is without sufficient information to either admit or deny the allegations
10
contained in paragraph 42 of the Complaint and therefore denies same.
11
43. DERR is without sufficient information to either admit or deny the allegations
12
contained in paragraph 43 of the Complaint and therefore denies same.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

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44. DERR is without sufficient information to either admit or deny the allegations
14
Las Vegas, NV 89169

contained in paragraph 44 of the Complaint and therefore denies same.

(702) 257-1483

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45. DERR denies the allegations contained in paragraph 45 of the Complaint.
16
46. DERR denies the allegations contained in paragraph 46 of the Complaint.
17
FIRST CAUSE OF ACTION
18
(Breach of Contract & Violation of ERISA – 29 U.S.C. § 1132]
19
[Mortensen-McCarthy JV, Mortensen, McCarthy, Merrill, and Derr]
20
47. The allegations contained in paragraph 47 of the Complaint do not require an
21
admission or denial on the part of DERR. To the extent a response is required DERR denies the
22
allegations.
23
48. DERR denies the allegations contained in paragraph 48 of the Complaint.
24
49. DERR is without sufficient information to either admit or deny the allegations
25
contained in paragraph 49 of the Complaint and therefore denies same.
26
50. DERR is without sufficient information to either admit or deny the allegations
27
contained in paragraph 50 of the Complaint and therefore denies same.
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51. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 51 of the Complaint and therefore denies same.
3
52. DERR denies the allegations contained in paragraph 52 of the Complaint.
4
SECOND CAUSE OF ACTION
5
(Injunctive Relief]
6
[Mortensen-McCarthy JV, Mortensen, McCarthy, Merrill, and Derr]
7
53. The allegations contained in paragraph 53 of the Complaint do not require an
8
admission or denial on the part of DERR. To the extent a response is required DERR denies the
9
allegations.
10
54. DERR is without sufficient information to either admit or deny the allegations
11
contained in paragraph 54 of the Complaint and therefore denies same.
12
55. DERR denies the allegations contained in paragraph 55 of the Complaint.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13
56. DERR denies the allegations contained in paragraph 56 of the Complaint.
14
Las Vegas, NV 89169

57. DERR denies the allegations contained in paragraph 57 of the Complaint.

(702) 257-1483

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58. DERR denies the allegations contained in paragraph 58 of the Complaint.
16
59. DERR denies the allegations contained in paragraph 59 of the Complaint.
17
THIRD CAUSE OF ACTION
18
(Claim on Payment Bond]
19
[Liberty]
20
60. The allegations contained in paragraph 60 of the Complaint do not require an
21
admission or denial on the part of DERR. To the extent a response is required DERR denies the
22
allegations.
23
61. DERR is without sufficient information to either admit or deny the allegations
24
contained in paragraph 61 of the Complaint and therefore denies same.
25
62. DERR admits the allegations contained in paragraph 62 of the Complaint.
26
63. DERR is without sufficient information to either admit or deny the allegations
27
contained in paragraph 63 of the Complaint and therefore denies same.
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 Case 2:20-cv-00716-JCM-NJK Document 6 Filed 06/30/20 Page 7 of 11

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64. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 64 of the Complaint and therefore denies same.
3
FOURTH CAUSE OF ACTION
4
(Claim on Payment Bond]
5
[Arch, SureTec, NSCB, Federal]
6
65. The allegations contained in paragraph 65 of the Complaint do not require an
7
admission or denial on the part of DERR. To the extent a response is required DERR denies the
8
allegations.
9
66. DERR is without sufficient information to either admit or deny the allegations
10
contained in paragraph 66 of the Complaint and therefore denies same.
11
67. DERR is without sufficient information to either admit or deny the allegations
12
contained in paragraph 67 of the Complaint and therefore denies same.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13
68. DERR is without sufficient information to either admit or deny the allegations
14
Las Vegas, NV 89169

contained in paragraph 68 of the Complaint and therefore denies same.

(702) 257-1483

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69. DERR is without sufficient information to either admit or deny the allegations
16
contained in paragraph 69 of the Complaint and therefore denies same.
17
FIFTH CAUSE OF ACTION
18
(Original Contractor Liability]
19
[Mortensen-McCarthy JV, Mortensen, McCarthy, Merrill]
20
70. The allegations contained in paragraph 70 of the Complaint do not require an
21
admission or denial on the part of DERR. To the extent a response is required DERR denies the
22
allegations.
23
71. DERR is without sufficient information to either admit or deny the allegations
24
contained in paragraph 71 of the Complaint and therefore denies same.
25
72. DERR is without sufficient information to either admit or deny the allegations
26
contained in paragraph 72 of the Complaint and therefore denies same.
27
73. DERR is without sufficient information to either admit or deny the allegations
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contained in paragraph 73 of the Complaint and therefore denies same.

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74. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 74 of the Complaint and therefore denies same.
3
75. DERR is without sufficient information to either admit or deny the allegations
4
contained in paragraph 75 of the Complaint and therefore denies same.
5
76. DERR admits that it acted as a subcontractor on the Project. DERR is without
6
sufficient information to either admit or deny the rest of the allegation contained in paragraph 76
7
and therefore denies the same.
8
77. DERR denies the allegations contained in paragraph 77 of the Complaint.
9
78. DERR is without sufficient information to either admit or deny the allegations
10
contained in paragraph 78 of the Complaint and therefore denies same.
11
79. DERR is without sufficient information to either admit or deny the allegations
12
contained in paragraph 79 of the Complaint and therefore denies same.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13
80. DERR is without sufficient information to either admit or deny the allegations
14
Las Vegas, NV 89169

contained in paragraph 80 of the Complaint and therefore denies same.

(702) 257-1483

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81. DERR is without sufficient information to either admit or deny the allegations
16
contained in paragraph 81 of the Complaint and therefore denies same.
17
82. DERR is without sufficient information to either admit or deny the allegations
18
contained in paragraph 82 of the Complaint and therefore denies same.
19
SIXTH CAUSE OF ACTION
20
(Contractor Indemnity]
21
[HHR, Hinner]
22
83. The allegations contained in paragraph 83 of the Complaint do not require an
23
admission or denial on the part of DERR. To the extent a response is required DERR denies the
24
allegations.
25
84. DERR is without sufficient information to either admit or deny the allegations
26
contained in paragraph 84 of the Complaint and therefore denies same.
27
85. DERR is without sufficient information to either admit or deny the allegations
28
contained in paragraph 85 of the Complaint and therefore denies same.

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86. DERR is without sufficient information to either admit or deny the allegations
2
contained in paragraph 86 of the Complaint and therefore denies same.
3
87. DERR is without sufficient information to either admit or deny the allegations
4
contained in paragraph 87 of the Complaint and therefore denies same.
5
88. DERR denies that Plaintiffs are entitled to their requested relief and requests that
6
all claims against DERR be denied and dismissed.
7
AFFIRMATIVE DEFENSES
8
1. The Complaint fails to state valid causes of action against DERR.
9
2. The claims asserted by Plaintiffs are barred by waiver, laches, estoppel and/or
10
unclean hands.
11
3. Plaintiffs’ claims are barred by the applicable statute of limitations or statute of
12
repose.
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

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4. Plaintiffs’ claims are barred by the statute of frauds.
14
Las Vegas, NV 89169

5. Whatever damages were sustained by Plaintiffs, if any, were caused in whole or

(702) 257-1483

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16
in part or were contributed to by Plaintiffs’ own actions.

17 6. Plaintiffs failed to mitigate its damages, if any.

18 7. DERR has been forced to retain the services of an attorney to defend this action

19 and are therefore entitled to an award of reasonable attorneys’ fees and costs.

20 8. Plaintiffs’ claims are barred by its own misfeasance and/or malfeasance.

21 9. Plaintiffs’ claims are barred by its own bad faith.
22 10. Plaintiffs’ claims are barred by its own breach of contract.
23 11. Plaintiffs’ have failed to meet all conditions precedent to bringing this action.
24 12. The damages sought by Plaintiffs are not accurate or supported by any evidence.
25 13. Pursuant to Fed. R. Civ. P. Rule 8 and 11, all possible affirmative defenses may
26 not have been alleged herein insofar as sufficient facts were not available after reasonable inquiry
27 upon the filing of this Answer, and therefore, DERR reserves the right to amend its Answer to
28 allege additional affirmative defenses if subsequent investigation so warrants.

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WHEREFORE, DERR prays for relief as follows:
2
1. Plaintiffs take nothing by way of their Complaint;
3
2. DERR be awarded reasonable attorneys’ fees and costs incurred herein; and
4
3. For such other and further relief as the Court deems proper.
5

6
Dated June 30, 2020
7

8 HOWARD & HOWARD ATTORNEYS PLLC

9
By: /s/ Brian J. Pezzillo
10 Brian J. Pezzillo, Nevada Bar No. 7136
Karson D. Bright, Nevada Bar No. 14837
11
3800 Howard Hughes Pkwy., Ste. 1000
12 Las Vegas, NV 89169
Attorneys for Defendant Derr & Isbell
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13 Construction, LLC
14
Las Vegas, NV 89169
(702) 257-1483

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 Case 2:20-cv-00716-JCM-NJK Document 6 Filed 06/30/20 Page 11 of 11

1 CERTIFICATE OF SERVICE
2

3 I hereby certify that on the 30th day of June, 2020, and pursuant to Fed. Ru. Civ. Pro. 5, I

4 served via CM/ECF and/or deposited for mailing in the U.S. Mail, a true and correct copy of the
foregoing DERR & ISBELL CONSTRUCTION, LLC’S ANSWER TO PLAINTIFFS’
5
COMPLAINT was served upon those persons designated by the parties in the E-Service Master
6
List upon the following :
7

9 CHRISTENSEN, TAMES & NIARTIN

Evan L. James, Esq.
10 Daryl E. Martin, Esq.
11
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
12 Telephone: (702) 255-1718
Facsimile: (702) 255-0871
3800 Howard Hughes Pkwy., Ste. 1000
Howard & Howard Attorneys PLLC

13
Email: elj@cjmlv.com, dem@cjmlv.com
14
Las Vegas, NV 89169

Attorneys for Plaintiffs

(702) 257-1483

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/s/ Anya Ruiz
16
An Employee of Howard & Howard Attorneys PLLC
17

18 4850-3813-3952, v. 1

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