Slaughter et al v. Uponor, Inc. et al

Filing 719

ORDER that the stays in the following members cases are lifted as described above: Solera at Anthem Community Association v. Del Webb Communities, Inc., No. 2:11-cv-425; The Seasons Homeowners Association, Inc. v. Richmond American Homes o f Nevada, Inc., No. 2:11-cv-1875; Lamplight Square at Green Valley Homeowners' Association v. Greystone Nevada LLC, No. 2:12-cv-2; and Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206. Signed by Chief Judge Robert C. Jones on 2/8/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
DANIEL JAMES HARTMANN, et al.,

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2:08-cv-01223-RCJ-GWF

Plaintiffs,

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vs.

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Order Lifting Stays

UPONOR, INC., et al.,

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Defendants.

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This case arises out of the manufacture, marketing, distribution, and installation of

9 allegedly defective “yellow brass” plumbing components, which Plaintiffs allege caused

3800 Howard Hughes Parkway
Seventeenth Floor
Las Vegas, Nevada 89169
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KEMP, JONES & COULTHARD, LLP

10 harm, or threaten to cause harm, to their residences. The Court previously consolidated nine
11 member cases with this action, because they involve nearly identical defect allegations.1
12 Four of the consolidated actions are currently stayed based on prior orders: (1) Solera at
13 Anthem Community Association, Inc. v. Del Webb Communities, Inc., No 2:11-cv-425;2 (2)
14 The Seasons Homeowners Association, Inc. v. Richmond American Homes of Nevada, Inc.,
15 No. 2:11-cv-1875;3 (3) Lamplight Square at Green Valley Homeowners’ Association v.
16 Greystone Nevada LLC, No. 2:12-cv-2;4 and (4) Southern Terrace Homeowners Association
17 v. Viega, Inc., No. 2:12-cv-206.5 In light of the Court’s recent case management decisions,
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See Orders dated October 27, 2011 (Doc. 583) and January 14, 2013 (Doc. 673).

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On January 3, 2013, the Magistrate Judge entered an order staying discovery in the case
until after the January 11, 2013 status conference in this action (Doc. 85 in No. 2:11-cv-425).

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On July 19, 2012, the Magistrate Judge entered an order staying the action as to the original

23 homeowner members pending arbitration with the homebuilder, Richmond American (Doc.
24 57 in No. 2:11-cv-1875). However, the original homeowner members have claims against

the Uponor Defendants that are not subject to the arbitration (Docs. 75 & 80 in No. 2:11-cv25 1875).

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4

On January 10, 2012, the Court entered an order staying the action pending action from the
27 Ninth Circuit Court of Appeals in the Slaughter matter and the ruling from the Multi-district
Litigation Panel regarding the requested transfer and consolidation of this action.

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On September 25, 2012, the Magistrate Judge entered an order staying the case until the
motions to dismiss are decided by the Court (Doc. 170 in No. 2:12-cv-206).

1 including the consolidation of all related actions,6 the stays entered in the Solera, Seasons,
2 and Lamplight Square member cases are lifted, except for the original homeowner members’
3 claims against Richmond American in the Seasons action.7 The stay entered in the Southern
4 Terrace member case shall automatically expire on the date Plaintiffs file their consolidated
5 amended complaint in the Waterfall action.
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CONCLUSION

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IT IS HEREBY ORDERED that the stays in the following members cases are lifted as

8 described above: Solera at Anthem Community Association v. Del Webb Communities, Inc.,
9 No. 2:11-cv-425; The Seasons Homeowners Association, Inc. v. Richmond American Homes

3800 Howard Hughes Parkway
Seventeenth Floor
Las Vegas, Nevada 89169
[phone] • Fax [phone]
[e-mail]

KEMP, JONES & COULTHARD, LLP

10 of Nevada, Inc., No. 2:11-cv-1875; Lamplight Square at Green Valley Homeowners’
11 Association v. Greystone Nevada LLC, No. 2:12-cv-2; and Southern Terrace Homeowners
12 Association v. Viega, Inc., No. 2:12-cv-206.
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IT IS SO ORDERED.

14 Dated this ____ dayof February, 2013.
8th day of February, 2013.
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______________________________
ROBERT C. JONES
United States District Judge

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Respectfully submitted by:
/s/ Michael J. Gayan

19 J. Randall Jones (Nev. Bar No. 1927)

Michael J. Gayan (Nev. Bar No. 11135)

20 KEMP, JONES & COULTHARD LLP
th

3800 Howard Hughes Parkway, 17 Floor

21 Las Vegas, Nevada 89169
Tel. [phone]

22 Attorneys for Plaintiffs
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See Order dated on January 14, 2013 (Doc. 673).

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The Seasons Order (Doc. 57 in No. 2:11-cv-1875) staying the original homeowner
members’ claims against their homebuilder, Richmond American, will remain in effect
28 pending the arbitration of those claims.

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