Dakota Condominum Association v. Wirsbo Company, et al

Filing 29

ORDER all pending motions are DENIED without prejudice. IT IS FURTHER ORDERED that 2:11-cv-783, 2:11-cv-812, 2:11-cv-830, is consolidated under 2:08-cv-1223. The hearing set for November 8, 2011 is VACATED. Signed by Chief Judge Robert C. Jones on 10/27/2011. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FULTON PARK UNIT OWNERS’
ASSOCIATION et al.,

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Plaintiffs,

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vs.

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PN II, Inc. et al.,

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Defendants.

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2:11-cv-00783-RCJ-CWH
ORDER

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This removed class action arises out of the installation in new homes of allegedly

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defective high-zinc-content brass (“yellow brass”) plumbing fittings. Pending before the Court

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are three motions to dismiss, a motion to certify class, a motion to stay class certification, and

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three motions to strike. For the reasons given herein, the Court denies all pending motions

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without prejudice, consolidates the present three consolidated cases into the Slaughter case, with

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Slaughter as the lead case, and stays the cases pending the Ninth Circuit’s merits ruling in

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Slaughter.1 The Ninth Circuit is scheduled to hear oral argument in Slaughter on December 7,

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2011, and its ruling will dispositively affect all of the consolidated cases.

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The Court recently granted Plaintiffs’ motion to consolidate two similar removed class

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actions with the present case. First, Case No. 2:11-cv-00812 (Dakota Condominium Association

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v. Uponor, Inc.), previously pending before Judge Roger L. Hunt, was filed by the same

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Ninth Circuit Case No. 10-15439 is the appeal of the merits rulings, and Ninth Circuit
Case No. 10-17844 is the appeal of the award of attorneys’ fees.

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attorneys as the present case, is brought against most of the same Defendants, and alleges the

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same factual background and theories of relief. Second, Case No. 2:11-cv-00830 (Wolinsky v.

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Carina Corp.), which was already before this Court, was filed by the same attorneys as the

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present case, alleges the same factual background and similar theories of relief, but is brought

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against a different Defendant. The Court has already made substantial rulings in another

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substantially similar case, Case No. 2:08-cv-01223 (Slaughter v. Uponor, Inc.), which case also

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has many of the same attorneys as the present case, is based upon the same factual background

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and theories of relief, is brought against many of the same Defendants, and which is on appeal

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before the Ninth Circuit.

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Essentially, the four cases, and probably others of which the Court is not yet aware, are

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largely duplicative of one another and should all be consolidated. A summary of the four related

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cases follows. All of the cases concern the same class allegations and theories of relief arising

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out of defective yellow brass plumbing fittings in Clark County, Nevada.

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Case

Plaintiff Firms

Defendants

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Slaughter

Harrison, Kemp, Jones & Coulthard
Lynch, Hopper & Salzano
Kemp, Jones & Coulthard
Maddox & Associates
Canepa Riedy & Rubino
Bailey Kennedy
Wolf, Rifkin, Shapiro, Schulman & Rabkin
Harrison, Kemp & Jones
Carraway & Associates
Smith Law Office

Uponor, Inc.
Uponor North America, Inc.
RCR Plumbing
Interstate Plumbing
United Plumbing
Ferguson Enterprises
Hughes Water & Sewer
Standard Wholesale Supply
HD Supply
Uponor Corp.
Uponor Group

Fulton Park

Lynch, Hopper & Salzano
Harrison, Kemp & Jones
Carraway & Associates
Maddox & Associates
Canepa Riedy & Rubino
Harrison, Kemp, Jones & Coulthard

PN II, Inc. d/b/a Pulte Homes
D.R. Horton, Inc.
Wirsbo Co.
Uponor, Inc.
Uponor North America, Inc.
Uponor Corp.
Uponor Wirsbo Co.

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Dakota

Lynch, Hopper & Salzano
Harrison, Kemp & Jones
Carraway & Associates
Maddox & Associates
Canepa Riedy & Rubino
Harrison, Kemp, Jones & Coulthard
Kemp, Jones & Coulthard

Uponor, Inc.
Uponor North America, Inc.
Uponor Corp.
Uponor Wirsbo Co.
Wirsbo Co.

Wolinsky

Lynch, Hopper & Salzano
Harrison, Kemp & Jones
Carraway & Associates
Kemp, Jones & Coulthard
Canepa Riedy & Rubino
Maddox & Associates

Carina Corp.

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CONCLUSION
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IT IS HEREBY ORDERED that all pending motions are DENIED without prejudice.
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IT IS FURTHER ORDERED that Case Nos. 2:11-cv-00783, 2:11-cv-00812, and 2:1111
cv-00830 are CONSOLIDATED into Case No. 2:08-cv-01223, with Case No. 2:08-cv-01223 as
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the lead case. The Clerk shall enter this order into the dockets of all four cases.
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IT IS FURTHER ORDERED that all four consolidated cases are STAYED pending the
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opinion and mandate in Ninth Circuit Case No. 10-15439.
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IT IS FURTHER ORDERED that counsel shall file a notice in the Slaughter docket
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whenever another substantially similar case is filed in or removed to a court of this District.
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IT IS FURTHER ORDERED that the hearing set for November 8, 2011 is VACATED.
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IT IS SO ORDERED.
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Dated this 21st day of October, 2011.
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_____________________________________
ROBERT C. JONES
United States District Judge

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