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

Filing 270

ORDER granting 269 Stipulation of Dismissal with prejudice as to Third-Party Complaint; Signed by Judge James C. Mahan on 6/24/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:14-cv-02222-JCM-NJK Document 269 Filed 06/23/20 Page 1 of 3
270
06/24/20

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SHANNON G. SPLAINE, ESQ.
Nevada Bar No. 8241
PAUL D. BALLOU, ESQ.
Nevada Bar No. 6894
LINCOLN, GUSTAFSON & CERCOS, LLP
ATTORNEYS AT LAW
3960 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Third-Party Defendant,
OPM, INC. dba CONSOLIDATED ROOFING

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AZURE MANOR/RANCHO DE PAZ
HOMEOWNERS ASSOCIATION, a Nevada
residential, common-interest planned community,
Plaintiff,

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STIPULATION AND ORDER DEEMING
THE SETTLEMENT AGREEMENT AND
RELEASE FULLY EXECUTED AS TO
THIRD-PARTY DEFENDANT, OPM, INC.
dba CONSOLIDATED ROOFING, AND
FOR DISMISSAL OF THIRD-PARTY
DEFENDANT, OPM, INC. dba
CONSOLIDATED ROOFING, WITH
PREJUDICE

v.
D.R. HORTON, INC., a Delaware corporation,
and DOES 1-100, inclusive,
Defendant.
_______________________________________
D.R. HORTON, INC.,
Third-Party Plaintiff,

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CASE NO: 2:14-CV-02222-JCM-NJK

v.
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
ENTERPRISES, INC. d/b/a EFFICIENT
ELECTRIC, INC.; GILMORE
CONSTRUCTION, LLC; HARRISON
LANDSCAPE COMPANY, LLC; MAJESTIC
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Case 2:14-cv-02222-JCM-NJK Document 269 Filed 06/23/20 Page 2 of 3
270
06/24/20

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PLUMBING, INC.; NEVADA
LANDSCAPING, INC.; NEW CREATION
MASONRY, INC.; OPM, INC. d/b/a
CONSOLIDATED ROOFING; QUALITY
WOOD PRODUCTS, LTD.; SILVER STATE
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, INC.; and DOES 1 through 150,

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Third-Party Defendants.

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IT IS HEREBY STIPULATED AND AGREED to as a Joint Motion pursuant to Local Rule

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7-1(c) between Defendant/Third-Party Plaintiff, D.R. HORTON, INC., by and through their counsel

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of record, the law firm of Wood, Smith, Henning & Berman LLP, and Third-Party Defendant, OPM,

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INC. dba CONSOLIDATED ROOFING, by and through its counsel of record, the law firm of

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LINCOLN, GUSTAFSON & CERCOS, LLP, as follows:

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1.

The Settlement Agreement and Release between Defendant/Third-Party Plaintiff, D.R.

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HORTON, INC., and Third-Party Defendant, OPM, INC. dba CONSOLIDATED ROOFING, is

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deemed fully executed as to OPM, INC. dba CONSOLIDATED ROOFING as OPM, INC. dba

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CONSOLIDATED ROOFING has ceased operations and has no one to execute the Release; and

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2.

The Third-Party Complaint, including and any amendments, cross-claims, or counter-

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claims, between the above-referenced parties are hereby dismissed, with prejudice, with each party to

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bear its own fees and costs.

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DATED this 23rd day of June, 2020.

DATED this 23rd day of June, 2020.

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LINCOLN, GUSTAFSON & CERCOS, LLP

WOOD, SMITH, HENNING & BERMAN
LLP

/s/ Paul D. Ballou
________________________________________
SHANNON G. SPLAINE, ESQ.
Nevada Bar No. 8241
PAUL D. BALLOU, ESQ.
Nevada Bar No. 6894
3960 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Attorneys for Third-Party Defendant,
OPM, INC. dba CONSOLIDATED ROOFING

/s/ Elisa L. Wyatt
______________________________________
JOEL D. ODOU, ESQ.
Nevada Bar No. 7468
ELISA L. WYATT, ESQ.
Nevada Bar No. 13034
2881 Business Park Court, Suite 200
Las Vegas, Nevada 89128
Attorneys for Defendant/Third-Party Plaintiff,
D.R. HORTON, INC.

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Case 2:14-cv-02222-JCM-NJK Document 269 Filed 06/23/20 Page 3 of 3
270
06/24/20

ORDER

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Based on the Stipulation and Joint Motion pursuant to Local Rule 7-1(c) of Defendant/Third-

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Party Plaintiff, D.R. HORTON, INC., and Third-Party Defendant, OPM, INC. dba CONSOLIDATED

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ROOFING, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED

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as follows:

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1.

The Settlement Agreement and Release between Defendant/Third-Party Plaintiff, D.R.

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HORTON, INC., and Third-Party Defendant, OPM, INC. dba CONSOLIDATED ROOFING, is

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deemed fully executed as to OPM, INC. dba CONSOLIDATED ROOFING as OPM, INC. dba

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CONSOLIDATED ROOFING has ceased operations and has no one to execute the Release; and

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2.

The Third-Party Complaint, including and any amendments, cross-claims, or counter-

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claims, between the above-referenced parties are hereby dismissed, with prejudice, with each party to

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bear its own fees and costs.

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June 24, 2020.
DATED this ___ day of June, 2020.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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Submitted by:

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LINCOLN, GUSTAFSON & CERCOS, LLP

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/s/ Paul D. Ballou
________________________________________
SHANNON G. SPLAINE, ESQ.
Nevada Bar No. 8241
PAUL D. BALLOU, ESQ.
Nevada Bar No. 6894
3960 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Attorneys for Third-Party Defendant,
OPM, INC. dba CONSOLIDATED ROOFING

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