Coleman-Toll Limited Partnership vs Rehau, Inc.

Filing 24

ORDER Granting 23 Motion to Stay Pending Transfer to MDL and Memorandum of Points and Authorities. Signed by Judge Philip M. Pro on 11/28/2011. (Copies have been distributed pursuant to the NEF - SLR)

1
2

U
U

4
5

MORRIS PETERSON
Steve Morris. I3ar No. 1 543
Ryan Lower, Bar No. 9108
300 South Fourth Street
Las Vegas. Nevada 89101
Telephone: [phone]
Fax: [phone]
[e-mail]
rml(vmorrislawgroup.com
Kathleen Taylor Sooy (pro hue vice)
Tracy A. Roman (pro hue vice)
Crowd! & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington. D.C. 20004
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

6
7
8
9
10

Attorneys for Defendant
REHAU Incorporated

11
12
13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15
16

I

COLEMAN-TOLL LIMITED
PARTNERSHIP,
Plaintiff.

17
vs.
18
19
20

REHAU, INC.. and DOES 1-10,
inclusive,
Defendants.

)
)
)
)
)

)
)
)
)
)

Case No. 2:1 1-cv-l227-PMP-CWH
JOINT MOTION TO STAY
PROCEEDINGS PENDING TRANSFER
TO MDL AND MEMORANDUM OF
POINTSANDAUTHORITIES

21
Plaintiff Coleman-Toll Limited Partnership (“Coleman-Toll”) and defendant REHAU
22

Incorporated (“REHAU”) (collectively “the parties”) move the Court to stay all proceedings in

23
this action pending a decision by the Judicial Panel on Multidistrict Litigation (the “Panel”)
24
regarding whether to centralize this action and twelve other actions pending in federal district
25
courts in Nevada, Arizona, and Oregon in a single district court for pretrial proceedings pursuant
26
to 28 U.S.C. § 1407.
27
28
II I f1’\
ATTORNEYS AF LAW
900 BANK OF AMERO A PLAZA
300 SOOTH FOURTH STREET
LAS VEGAS, NEVADA 09101
702/4749400
FAX [phone]

MEMORANDUM OI POINTS AND AUTHORITIES
2

On July 27, 2011, Coleman-ToIl filed the Complaint in this action, alleging that it incurred

31

damages as the result of plumbing components in the Terra Bella Community located in Las

41

U
H

Vegas. Nevada. Coleman-Toll asserts four causes of action against REHAU: Equitable
Indemnity, Breach of Implied Warranty. Breach of Express Warranty. and Attorney’s Fees.

ii REHALJ filed a motion to dismiss the Complaint on September 1, 2011. which the Court
7H

subsequently denied. On November 2. 2011, REHAU filed its Answer to the Complaint. There
are currently no pending motions in this matter.

1

Ii
101
11

On November 10, 2011, a number of plaintiffs involved in other actions filed a motion
with the Panel requesting transfer of thirteen cases to the United States District Court of Nevada in
Las Vegas, Nevada (“MDL Motion”). See In re Yellow Brass Plumbing Component Litig. MDL

12

Docket No. 2321 (Exhibit 1). The MDL Motion lists this case as one of the actions for which the

13!

H plaintiffs seek centralization.

See id. at 4. The parties to this action were not involved in the filing

14H
1 of the MDL Motion.
The Court has the “inherent authority to stay proceedings before” it. illangani
16

i’.

Merck &

Co., No. 2:06-cv-00914, 2006 WL 2707459, at *1 (D. Nev. Sept. 19, 2006) (quoting Rohan cx rd.

17

Gates v. Woodfird, 334 F.3d 803, 817 (9th Cir. 2003)). Factors relevant to the Court’s

18j1
19

H

consideration of”a motion to stay proceedings pending a possible transfer to an MDL court”
include “any potential prejudice to the non-moving party, hardship or inequity to the moving party

20 H.
1 if the proceedings are not stayed, and the interests of judicial economy and efficiency.” Id.
21!
Both parties in this action request a stay of the proceedings here, and therefore there is no

1!
I prejudice to any party if the stay is granted.
23

Denying the stay, however, will cause hardship to the

parties because absent a stay, they face imminent deadlines for pretrial and other case management

24

activities. At the same time, the parties need to participate in the briefing, argument and other

I

2&

proceedings before the Panel.

2611

2

Court risks needlessly expnd[ingj its eneigies familiaiizing itself with the intncacies of a case

28!!

F
/
FAX /0/ 474..94//

A sta’ promotes thc inteiests of judicial economy md efficiency If the stay is denied this

I

1

that [may] be heard by anothei judge

Riius

i

halt D!%nL

2

i

Co 980 F Supp 1358 1360 (CD

1

Cal. 1997). Further, “any efforts on behalf of this Court concerning case management will most
likely have to he replicated by the judge that is assigned to handle the consolidated litigation if the
MDL Panel does not consolidate the

U

.

.

.

cases in this Court.” Id.

For these reasons, the parties respectfully request that the Court enter an order directing
that (1) this action is stayed pending the Panel’s action on the MDL Motion and (2) the parties

61

shall notify the Court of the Panel’s action on the MDL Motion within 10 days of the Panel taking
action.
Dated: November 22, 2011

9

MORRIS PETERSON

MAUPIN, COX & LeGOY

By/s/Ryan Lower
Steve Morris, Bar No. 1543
Ryan Lower, Bar No. 9108
300 South Fourth Street
Las Vegas, Nevada 89101
sm(amorrislawgroup.com
rml(a rnoirislawgioup corn

By /s/ Carolyn Renner
Donald A. Lattin, Bar No. 693
Rick R. 1-Isu, Bar No. 5374
Carolyn Renner, Bar No. 9164
4785 Caughlin Parkway
Reno, Nevada 895 19
dlattin@ rnclrenolaw corn
rhsua mclrenolaw.com
crenner(irnc1reno1aw.com

1o
1.1
12

15
1

A

18

191

Kathleen Taylor Sooy (pro hac vice)
Tracy A. Roman (pro hac vice)
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington. D.C. 20004
Telephone: [phone]
Fax: [phone]
ksooycroweI I .com
troman@/crowel I .com

Attorneys for Plaintiff
Coleman-Toll Limited Partnership

Attorneys for Defendant
REHAU Incorporated

IT IS SO ORDERED.

________________________________
PHILIP M. PRO
UNITED STATES DISTRICT JUDGE
Dated: November 28, 2011.
C

C

3
/

1I

CERTIFICATE OF SERVICE

2

Pursuant to Fed. R. Civ, P. 5(b) and Section IV of District of Nevada Electronic Filing

3

41
5’

Procedures, I certify that I am an employee of MORRIS PETERSON, and that the following
documents were served via electronic service: JOINT MOTION TO STAY PROCEEDINGS
PENDING TRANSFER TO MDL AND MEMORANDUM OF POINTS AND

6

AUTHORITIES

7

TO:

8
9
10
11
12
13I
i4

1

15

Donald A. Lattin
Rick R. Hsu
Carolyn Renner
MAUPIN, COX & LEGOY
4785 Caughlin Parkway
Reno,NV 89519
[e-mail]
rhsu@rnclrenolaw. corn
crenner@mclrenol aw.com
Attorneys for Plaintiff
Coleman-Toll Limited Partnership
DATED this day of November, 2011.

1&

By
17
18
19
20
21
22
23
24
25
261
27
28
M.)R .R IS 1>5 F R.5(.)N
ATTORNEYS AT LAW
900 BANK OF AMERiCA PLAZA
300 SOUTH FOURTH STREET
LAS VEGAS, NEVADA 09101
702./474-9400
FAX [phone]

1
4