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

Filing 204

ORDER and REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that 203 Third-Party Defendant Nevada Landscape Corp.'s Motion to Deem Settlement Agreement with Defendant/Third-Party Plaintiff D.R. Horton, Inc. Executed is GRANTED. IT IS RECOM MENDED that all claims against all parties be dismissed with prejudice, each side bearing its costs and attorney fees. ( Objections to R&R due by 6/9/2017.) Signed by Magistrate Judge Cam Ferenbach on 5/26/17. (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.,
Plaintiffs,
vs.
D.R. HORTON, INC., et al.,
Defendants.

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

ORDER REGARDING NEVADA
LANDSCAPE’S SETTLEMENT
AGREEMENT
REPORT AND RECOMMENDATION THAT
THIS CASE BE DISMISSED

Before the court is Third-Party Defendant Nevada Landscape Corp.’s Motion to Deem Settlement

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Agreement with Defendant/Third-Party Plaintiff D.R. Horton, Inc. Executed. (ECF No. 203).
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As part of a global settlement among the parties, a settlement has been reached between
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Defendant/Third-Party Plaintiff D.R. Horton, Inc. and Defendant/Third-Party Nevada Landscape Corp.
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Id. The Court has reviewed this settlement and determined that the agreement was made in good faith.
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Nevada Revised Statute § 17.245. (ECF No. 201). No objection has been filed challenging that finding.
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Third-Party Defendant Nevada Landscape Corp. is no longer in business. There is no available
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representative from the entity to sign the Settlement Agreement and Release. Third-Party Defendant
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Nevada Landscape Corp.’s counsel requests that the Court deem the Settlement Agreement and Release

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of Claims between Defendant/Third-Party Plaintiff D.R. Horton, Inc. and Defendant/Third-Party Nevada
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Landscape Corp., fully executed by Defendant/Third-Party Nevada Landscape Corp. Id.
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B. Relevant Law/Discussion
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Pursuant to Nevada law and the general principles of contract law, a settlement contract is formed
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when the parties have agreed to its material terms, and not when a document is finalized by signatures.
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May v. Anderson, 121 Nev. 668, 670, 119 P.3d 1254, 1256 (2000). In May, the Court determined that a
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settlement agreement between the parties, which includes all the material terms, but is later unsigned is

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still a valid settlement agreement. See Id.

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The entire thrust of federal practice and procedure is predicated on three core concepts: justice,

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speed and the inexpensive determination of every action. See FED. R. CIV. P. 1 (stating that the rules

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“should be construed and administered to secure the just, speedy, and inexpensive determination of every

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action and proceeding”). Under Local Rule IA 11-6(a), an attorney who has appeared for a party must be

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recognized by the court and all the parties as having control of the client's case. Given that Third-Party

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Defendant Nevada Landscape Corp.’s counsel cannot locate a representative of Nevada Landscape Corp.

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to sign the settlement agreement, the court deems that the Settlement Agreement and Release of Claims

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between Defendant/Third-Party Plaintiff D.R. Horton, Inc. and Defendant/Third-Party Nevada Landscape

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Corp, 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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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Third-Party Defendant Nevada Landscape Corp.’s Motion to

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Deem Settlement Agreement with Defendant/Third-Party Plaintiff D.R. Horton, Inc. Executed. (ECF No.

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203) is GRANTED.

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IT IS RECOMMENDED that all claims against all parties be dismissed with prejudice, each side
bearing its costs and attorney fees.
DATED this 26th day of May, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE