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

Filing 145

ORDER. IT IS HEREBY ORDERED that 137 Third Party Defendant M&M Construction, Inc.'s Motion to Deem Settlement Agreement and Release of Claims Fully Executed is GRANTED. Signed by Magistrate Judge Cam Ferenbach on 9/29/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AZURE MANOR/RANCHO DE PAZ
HOMEOWNERS ASSOCIATION, et al.,

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Case No. 2:15-cv-01623-GMN-VCF

Plaintiffs,
vs.
D.R. HORTON, INC., et al.,

ORDER

Defendants.
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Before the court is Third Party Defendant M&M Construction, Inc.'s Motion to Deem Settlement
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Agreement and Release of Claims Fully Executed. (ECF No. 137). A hearing was held on September 29,
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2016. The Court canvassed and heard representations from the parties.
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A.

Relevant Facts

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This case involves alleged construction defects with common area components of the Azure
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Manor/Rancho de Paz community. The community was constructed by D.R. Horton, Inc. and U.S. Home
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Corp. ("U.S. Home"), with D.R. Horton, Inc. constructing the Azure Manor section of the community and
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U.S. Home Corp., constructing the Rancho de Paz section.
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On September 8, 2015, Defendants U.S. Home, Lennar Corp. and Lennar Sales Corp. filed a Third18

Party Complaint against several subcontractors, including M&M Construction, Inc. ("M&M). (ECF No.
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137). U.S. Home alleges that it entered into a subcontract agreement with M&M relating to the Property.
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In December 2015, M&M answered U.S. Home's Third-Party Complaint. (ECF No. 53). M&M and U.S.
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Home have since participated in two mediations which lead to a successful settlement. (ECF No. 137).
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M&M and U.S. Home Corp. have agreed to the final terms of a Settlement Agreement and Release
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of Claims. (ECF No. at 137-1). Counsel for M&M has not been able to locate an agent of M&M to execute
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the final Settlement Agreement and Release of Claims. M&M is no longer in business and its only known
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owner passed away in October of 2015. M&M's counsel requests that the Court deem the Settlement

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Agreement and Release of Claims between M&M and U.S. Home Corp., fully executed by M&M. Id.

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B. Relevant Law/Discussion

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Under Local Rule IA 11-6(a), an attorney who has appeared for a party must be recognized by the

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court and all the parties as having control of the client's case. Given that M&M's counsel has made several

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attempts and cannot locate a representative of M&M to sign the settlement agreement, the court deems

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that the Settlement Agreement and Release of Claims between M&M and U.S. Home Corp., as attached

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in ECF No. 137-1, is fully executed, and enforceable.

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No opposition has been filed. This constitutes consent to the granting of the motion under Local

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Rule 7-2(d), which states that “[t]he failure of an opposing party to file point and authorities in response

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to any motion shall constitute a consent to the granting of the motion.”

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Considering the factors outlined above, the Court grants Third Party Defendant M&M

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Construction, Inc.'s Motion to Deem Settlement Agreement and Release of Claims Fully Executed. (ECF

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No. 137).

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Third Party Defendant M&M Construction, Inc.'s Motion to

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Deem Settlement Agreement and Release of Claims Fully Executed. (ECF No. 137) is GRANTED.
DATED this 29th day of September, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE