Azure Manor/Rancho de Paz Homeowners Association v. D.R. Horton, Inc.
Filing
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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)
Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 1 of 11
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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
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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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
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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
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Plaintiffs,
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vs.
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D.R. HORTON, INC., a Delaware corporation,
and DOES 1-100, inclusive,
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Defendants.
D.R. HORTON, INC.,
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Third-Party Plaintiff,
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v.
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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
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Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 2 of 11
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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,
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Third-Party Defendants.
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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
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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.
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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
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Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 3 of 11
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Azure Manor/Rancho De Paz HOA v. D.R. Horton, Inc.
Case No. 2:14-cv-02222-JCM-NJK
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ORDER
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IT IS HEREBY ORDERED that (1) The Settlement Agreement and Release between
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GILMORE and D.R. HORTON attached as EXHIBIT A is deemed fully executed; and (2)
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Defendant/Third-Party Plaintiff D.R. HORTON, INC.’S Third-Party Complaint in the above-
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captioned matter, shall be dismissed, with prejudice, as to Third-Party Defendant GILMORE,
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only, with each party bearing its own attorneys' fees and costs.
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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
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___________________________________
DISTRICT COURT DISTRICT JUDGE
UNITED STATES JUDGE
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Respectfully submitted by:
GRANT & ASSOCIATES
/s/ Annalisa N. Grant
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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
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Case 2:14-cv-02222-JCM-NJK Document 212 Filed 08/27/19 Page 4 of 11
EXHIBIT A
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