Azure Manor/Rancho de Paz Homeowners Association v. D.R. Horton, Inc.

Filing 213

ORDER granting 209 Stipulation to Deem Settlement Agreement and for Dismissal of Third-Party Gilmore Construction, LLC with prejudice; Signed by Judge James C. Mahan on 8/27/2019. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 1 of 11 1 2 3 4 5 6 ANNALISA N. GRANT, ESQ. Nevada Bar No. 11807 GRANT & ASSOCIATES 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, Nevada 89113 Tel.: (702) 940-3529 Fax: (855) 429-3413 Attorney for Third-Party Defendant GILMORE CONSTRUCTION, LLC 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 G R A NT & A S SO CI AT E S 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, Nevada 89113 Telephone No. (702) 940-3529 Facsimile No. (855) 429-3413 10 11 AZURE MANOR/RANCHO DE PAZ HOMEOWNERS ASSOCIATION, a Nevada residential, common-interest planned community, CASE NO.: 2:14-cv-02222-JCM-NJK STIPULATION AND ORDER TO DEEM SETTLEMENT AGREEMENT AND RELEASE FULLY EXECUTED AND FOR DISMISSAL OF THIRDPARTY DEFENDANT GILMORE CONSTRUCTION, LLC WITH PREJUDICE 12 Plaintiffs, 13 vs. 14 15 D.R. HORTON, INC., a Delaware corporation, and DOES 1-100, inclusive, 16 17 Defendants. D.R. HORTON, INC., 18 Third-Party Plaintiff, 19 v. 20 ALLARD ENTERPRISES d/b/a IRON SPECIALISTS; AMERICAN ASPHALT & GRADING COMPANY; ATRIUM DOOR AND WINDOW COMPANY; BEBOUT CONCRETE, INC.; BEL-AIR PLASTERING, INC.; CENTRAL VALLEY INSULATION; CREATIVE TOUCH INTERIORS, INC.; DISTINCTIVE MARBLE, INC.; EFFICIENT ELECTRIC, INC.; GILMORE CONSTRUCTION, LLC; HARRISON LANDSCAPE COMPANY, LLC; MAJESTIC PLUMBING, INC.; NEVADA LANDSCAPING, INC.; NEW CREATION MASONRY, INC.; OPM, INC. d/b/a CONSOLIDATED ROOFING; QUALITY WOOD PRODUCTS LTD.; SILVER STATE 21 22 23 24 25 26 27 28 1 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 2 of 11 1 2 3 4 FIREPLACES, INC.; SOUTHERN NEVADA PAVING, INC.; SUMMIT DRYWALL & PAINT, LLC; SUNRISE MECHANICAL, INC.; SUNSTATE COMPANIES, INC. d/b/a SUNSTATE LANDSCAPE; WESTERN SHOWER DOOR; ZEPEDA BROS. PAINT & DRYWALL, LLC; and DOES 1 through 150, 5 Third-Party Defendants. 6 7 8 9 G R A NT & A S SO CI AT E S 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, Nevada 89113 Telephone No. (702) 940-3529 Facsimile No. (855) 429-3413 10 11 12 13 14 15 16 17 18 19 STIPULATION AND ORDER TO DEEM SETTLEMENT AGREEMENT AND RELEASE FULLY EXECUTED AND FOR DISMISSAL OF THIRD-PARTY DEFENDANT GILMORE CONSTRUCTION, LLC WITH PREJUDICE IT IS HEREBY STIPULATED, by and between Third-Party Defendant GILMORE CONSTRUCTION, LLC (hereinafter “GILMORE”), by and through its attorneys of record, Grant & Associates, and Defendant/Third-Party Plaintiffs D.R. HORTON, INC. (hereinafter “DRH”), by and through its attorneys of record, Wood, Smith, Henning & Berman, LLP, that: (1) The Settlement Agreement and Release between GILMORE and DRH, signed by a representative of DRH, as well as counsel for DRH and counsel for GILMORE, and attached hereto as EXHIBIT A, is deemed fully executed by GILMORE, and (2) Defendant/Third-Party Plaintiff’s Third-Party Complaint in the above-captioned matter is hereby dismissed, with prejudice, as to Third-Party Defendant GILMORE CONSTRUCTION, LLC only. Each party shall bear its own attorneys’ fees and costs. IT IS SO STIPULATED. Dated this 22nd day of August, 2019. Dated this 22nd day of August, 2019. WOOD, SMITH, HENNING & BERMAN, LLP GRANT & ASSOCIATES /s/ Elisa L. Wyatt, Esq. ____________________________________ ELISA L. WYATT, ESQ. Nevada Bar No. 13034 2881 Business Park Court, Suite 200 Las Vegas, NV 89128 Attorneys for Defendant/Third-Party Plaintiff D.R. HORTON, INC. /s/ Annalisa N. Grant, Esq. __________________________________ ANNALISA N. GRANT, ESQ. Nevada Bar No. 11807 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, NV 89113 Attorney for Third-Party Defendant GILMORE CONSTRUCTION, LLC 20 21 22 23 24 25 26 27 28 2 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 3 of 11 1 Azure Manor/Rancho De Paz HOA v. D.R. Horton, Inc. Case No. 2:14-cv-02222-JCM-NJK 2 3 ORDER 4 IT IS HEREBY ORDERED that (1) The Settlement Agreement and Release between 5 GILMORE and D.R. HORTON attached as EXHIBIT A is deemed fully executed; and (2) 6 Defendant/Third-Party Plaintiff D.R. HORTON, INC.’S Third-Party Complaint in the above- 7 captioned matter, shall be dismissed, with prejudice, as to Third-Party Defendant GILMORE, 8 only, with each party bearing its own attorneys' fees and costs. 9 August 27, 2019. DATED this _____ day of _____________, 2019. G R A NT & A S SO CI AT E S 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, Nevada 89113 Telephone No. (702) 940-3529 Facsimile No. (855) 429-3413 10 11 12 ___________________________________ DISTRICT COURT DISTRICT JUDGE UNITED STATES JUDGE 13 14 15 16 17 18 19 20 Respectfully submitted by: GRANT & ASSOCIATES /s/ Annalisa N. Grant __________________________________ ANNALISA N. GRANT, ESQ. Nevada Bar No. 11807 7455 Arroyo Crossing Parkway, Suite 300 Las Vegas, Nevada 89113 Attorney for Third-Party Defendant GILMORE CONSTRUCTION, LLC 21 22 23 24 25 26 27 28 3 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 4 of 11 EXHIBIT A Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 5 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 6 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 7 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 8 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 9 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 10 of 11 Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 11 of 11

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