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

Filing 176

ORDER that all claims related to the Vanguard/Viega plumbing system are SEVERED from the following cases: Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206; and Anthem Highlands Community Association v. Viega, Inc. , No. 2:12-cv-207. FURTHER ORDERED that the Vanguard/Viega claims severed from the Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206; and Anthem Highlands Community Association v. Viega, Inc., No. 2:12-cv-2 07 actions are CONSOLIDATED for all purposes, including discovery and trial, as member cases into the lead Vanguard/Viega case Waterfall Homeowners Association v. Viega, Inc., No. 2:11-cv-1498. FURTHER ORDERED that all discovery in the consolidated Uponor/Wirsbo and Vanguard/Viega actions shall be coordinated to the greatest extent possible so as to minimize the expense and burden on all parties in these actions.FURTHER ORDERED that all further Vanguard/Viega-related plead ings and papers shall be filed in the lead Vanguard/Viega case only. Plaintiffs in the lead Vanguard/Viega case shall have leave to file a consolidated amended complaint within 10 days of entry of this order. The amended complaint shall not add addit ional legal theories and shall conform to all of the Courts prior orders in the Waterfall action.FURTHER ORDERED that the Clerk shall enter this Order into the dockets of this action, the lead Vanguard case, and the two Vanguard member cases. Signed by Chief Judge Robert C. Jones on 2/8/13. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA
DANIEL JAMES HARTMANN, et al.,

3

2:08-cv-01223-RCJ-GWF

Plaintiffs,

4
vs.

5

UPONOR, INC., et al.,

6

Order Severing and Consolidating
Vanguard-related Claims

Defendants.

7
8

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
[phone] • Fax [phone]
[e-mail]

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 A
12 number of the consolidated actions include claims related to both the Uponor- and Vanguard13 brand plumbing systems and components. In one of the member cases, Waterfall
14 Homeowners Association v. Viega, Inc., No. 2:11-cv-1498, the Court severed the Uponor15 related claims from the Vanguard-related claims.2 For the same reasons supporting
16 severance in that action, the Court finds that severance of the Vanguard/Viega-related claims
17 for all purposes, including discovery and trial, is appropriate in two other member cases:
18 Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206; and Anthem
19 Highlands Community Association v. Viega, Inc., No. 2:12-cv-207. This severance is along
20 product lines—Vanguard/Viega versus Wirsbo/Uponor—and, therefore, severs all claims
21 involving the Vanguard/Viega products asserted by or against any and all parties from all
22 claims involving the Wirsbo/Uponor products. To further manage its docket, and for the
23 reasons the Court mentioned during the status conference held on January 11, 2013, the
24
25

1

See Orders dated October 27, 2011 (Doc. 583) and January 14, 2013 (Doc. 673). The cases

26 consolidated by those orders include Fulton Park (2:11-cv-783), Dakota (2:11-cv-812),
27 Wolinsky (2:11-cv-830), Waterfall (2:11-cv-1498), The Seasons (2:11-cv-1875), Southern

Terrace (2:12-cv-206), Anthem Highlands (2:12-cv-207), Lamplight Square (2:12-cv-2), and
28 Solera at Anthem (2:11-cv-425).
2

See Waterfall Order dated November 26, 2012 (Doc. 127 in Case No. 2:11-cv-1498).

1 Court consolidates for all purposes, including discovery and trial, the severed claims
2 involving the Vanguard/Viega products from these three member cases.3 The Waterfall case
3 shall be the lead action for the severed and consolidated Vanguard/Viega claims, and all
4 further pleadings and papers related to the Vanguard/Viega products shall be filed in the lead
5 case only.
6

CONCLUSION

7

IT IS HEREBY ORDERED that all claims related to the Vanguard/Viega plumbing

8 system are SEVERED from the following cases: Southern Terrace Homeowners Association
9 v. Viega, Inc., No. 2:12-cv-206; and Anthem Highlands Community Association v. Viega,

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

KEMP, JONES & COULTHARD, LLP

10 Inc., No. 2:12-cv-207.
11

IT IS FURTHER ORDERED that the Vanguard/Viega claims severed from the

12 Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206; and Anthem
13 Highlands Community Association v. Viega, Inc., No. 2:12-cv-207 actions are
14 CONSOLIDATED for all purposes, including discovery and trial, as member cases into the
15 lead Vanguard/Viega case Waterfall Homeowners Association v. Viega, Inc., No. 2:11-cv16 1498.
17

IT IS FURTHER ORDERED that all discovery in the consolidated Uponor/Wirsbo

18 and Vanguard/Viega actions4 shall be coordinated to the greatest extent possible so as to
19 minimize the expense and burden on all parties in these actions.
20

IT IS FURTHER ORDERED that all further Vanguard/Viega-related pleadings and

21 papers shall be filed in the lead Vanguard/Viega case only. Plaintiffs in the lead
22 Vanguard/Viega case shall have leave to file a consolidated amended complaint within 10
23
24

3

The member cases with severed Vanguard claims include: Waterfall Homeowners

25 Association v. Viega, Inc., No. 2:11-cv-1498; Southern Terrace Homeowners Association v.
26
27

Viega, Inc., No. 2:12-cv-206; and Anthem Highlands Community Association v. Viega, Inc.,
No. 2:12-cv-207.
4

The consolidated Wirsbo/Uponor action is No. 2:08-cv-1223, and the consolidated

28 Vanguard/Viega action is No. 2:11-cv-1498.
Page 2 of 3

1 days of entry of this order. The amended complaint shall not add additional legal theories
2 and shall conform to all of the Court’s prior orders in the Waterfall action.
3

IT IS FURTHER ORDERED that the Clerk shall enter this Order into the dockets of

4 this action, the lead Vanguard case, and the two Vanguard member cases.
5

IT IS SO ORDERED.

8th day of February, 2013.
6 Dated this ____ day of February,2013.

7
8

______________________________
ROBERT C. JONES
United States District Judge

9

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

KEMP, JONES & COULTHARD, LLP

10 Respectfully submitted by:
11

/s/ Michael J. Gayan

12 J. Randall Jones (#1927)

Michael J. Gayan (#11135)

13 KEMP, JONES & COULTHARD LLP
th

3800 Howard Hughes Parkway, 17 Floor

14 Las Vegas, Nevada 89169
15
16

Tel. [phone]

Attorneys for Plaintiffs

17
18
19
20
21
22
23
24
25
26
27
28
Page 3 of 3