Southern Terrace Homeowners Association v. Viega, Inc. et al

Filing 145

ORDER Granting 92 Motion to Stay and Granting 98 Motion to Stay Discovery to the extent that a temporary stay is entered pending a decision concerning whether this action will be transferred for consolidated pre-trial proceedings to Chief Judge Jones and Magistrate Judge George W. Foley. Counsel for the parties shall meet and confer and submit a proposed discovery plan and scheduling order within 14 days of decision on the request to transfer. Signed by Magistrate Judge Peggy A. Leen on 07/10/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SOUTHERN TERRACE HOMEOWNERS
ASSOCIATION,

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Plaintiff,
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vs.
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VIEGA, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:12-cv-00206-JCM-PAL
ORDER
(Mot. To Stay - Dkt. #92)
(Mot. To Stay - Dkt. #98)

The court conducted a hearing on July 10, 2012, on Third-Party Defendant Ferguson

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Enterprises, Inc.’s Request for Stay of Scheduling Order (Dkt. #92), Vanguard Piping System, Inc.’s, et

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al. Motion to Stay Discovery (Dkt. #98). Troy Isaacson and Sergio Salzano were present on behalf of

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the Plaintiff. Peter Brown, Amanda Yen, Gil Glancz, Howard Lieber, Tom Fuller, Jennifer Arledge,

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Brian Ure and Gustia Kieloom were present on behalf of the Defendants. The court considered the

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moving and responsive papers (Dkt. ## 100, 102, 103, 104, 105, 107, 109, 128, 129 and 136), and the

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arguments of counsel at the hearing.

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The hearing on these motions was set after the Omnibus hearing scheduled by Chief Judge

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Jones on a related yellow-brass case held June 21, 2012 in Waterfall v Viega, 2:11-cv-1498 RCJ-GWF.

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During oral argument, Vangard’s counsel stated that Chief Judge Jones had already agreed that the

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claims against the product manufacturers should be severed from the majority of the other claims and

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that discovery should proceed on different tracks. However, at this time, no written order has been

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entered regarding that ruling. Counsel for all parties agree that this case should be transferred to Chief

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Judge Jones with the other related cases before him (2:08-cv-01223-RCJ-GWF; 2:11-cv-00783-RCJ-

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CWH; 2:11-cv-00812-RCJ-CWH; 2:11-cv-00830-RCJ-CWH). Counsel also agree that a single

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discovery plan and scheduling order should be entered in all the related cases.

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IT IS ORDERED that:

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The Motions (Dkt. #92, 98) are GRANTED to the extent that a temporary stay is

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entered pending a decision concerning whether this action will be transferred for

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consolidated pre-trial proceedings to Chief Judge Jones and Magistrate Judge George W.

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Foley.

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2.

Counsel for the parties shall meet and confer and submit a proposed discovery plan and
scheduling order within 14 days of decision on the request to transfer.

Dated this 10th day of July, 2012.

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________________
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Peggy A. Leen
Peggy A. Leen
e y
ee
United States Magistrate Judge

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