Lopez et al v. U.S. Home Corporation et al
Filing
358
ORDER Granting 355 Motion to Amend 256 Scheduling Order (Second Request). Discovery due by 3/22/2018. Motions due by 4/20/2018. Proposed Joint Pretrial Order due by 5/21/2018. Signed by Magistrate Judge Carl W. Hoffman on 8/16/2017. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 1 of 8
1 Gregory H. King
Nevada Bar No. 7777
2 ghk@paynefears.com
Sarah J. Odia
3 Nevada Bar No. 11053
sjo@paynefears.com
4 PAYNE & FEARS LLP
6385 S. Rainbow Blvd, Suite 220
5 Las Vegas, NV 89118
Telephone: (702) 851-0300
6 Facsimile: (702) 851-0315
7 Attorneys for Defendants and Third-Party Plaintiffs
U.S. HOME CORPORATION
8 and GREYSTONE NEVADA, LLC
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
9
BRITTANY & ANTHONY LOPEZ, Husband
12 and Wife; PAULA EARL-MCCONICO &
WILLIE MCCONICO, Husband and Wife;
13 MARTIN & VERONICA FREEMAN,
Husband and Wife; TIMMY LE & NGUYEN
14 TRINH, Husband and Wife; GERDA
PIERROT; SHAWN YBARRA; SHELBY
15 MCEVOY & KENNETH PFEIFER, Husband
and Wife; PABLO ECHEVARRIA &
16 PATREASE ASHLEY, Husband and Wife;
NICHOLAS SPELDRICH & MARYANN
17 UNDIS; SHUREN ZHANG & PING YUE,
Husband and Wife; ROBYN COOPER;
18 LINDA YARBROUGH; SOON LEWIS;
NICOLE JENKINS; MATTHEW
19 BACHMAN & TIMOTHY THOMPSON;
STEVE FELDMAN; JENNIFER DURHAM;
20 JENNIFER HOUGHLAND; SETH &
KRISTAL MACKERT, Husband and Wife;
21 LILLIE A BANKS; NATHAN & KYLEE
REEDER; DEREK BAO & NICOLE
22 SHINAVER, Husband and Wife; JEROME A
REYES; PAUL E. MELENDEZ; SCOTT &
23 HOLLY WORTLEY, Husband and Wife,
Plaintiffs,
24
25
v.
26 U.S. HOME CORPORATION AND
GREYSTONE NEVADA, LLC; and DOES 1
27 through 100, inclusive,
28
Defendants.
Case No. 2:16-cv-01754-RFB-CWH
JOINT UNOPPOSED MOTION TO
AMEND SCHEDULING ORDER
(SECOND REQUEST)
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 2 of 8
1 U.S. HOME CORPORATION AND
GREYSTONE NEVADA, LLC,
2
Third-Party Plaintiffs.
3
v.
4
THE A.C. HOUSTON LUMBER
5 COMPANY, a Nevada corporation;
AMERICAN ASPHALT & GRADING
6 COMPANY, a Nevada corporation, RCR
PLUMBING AND MECHANICAL, INC., a
7 California corporation; ALLARD
ENTERPRISES, INC. dba AR IRON, a
8 Nevada corporation; BEE-LURE PAINTING,
a Nevada close corporation; BANKER
9 INSULATION, INC., an Arizona corporation;
BRASS2COPPER MECHANICAL, INC., a
10 Nevada corporation; BURNHAM PAINTING
& DRYWALL CORP., a Nevada close11 corporation; CBC FRAMING, INC., a
California corporation; CAMPBELL
12 CONCRETE OF NEVADA, INC., a Nevada
corporation; FLOORS-N-MORE, LLC dba
13 CARPETS-N-MORE, a Nevada limitedliability company; CHICAGO PAINTING,
14 INC., a Nevada corporation; CONCRETE
SERVICES, INC., a Nevada corporation;
15 CONTRACT DÉCOR, INC., an Oklahoma
corporation; COOPER ROOFING CO.; a
16 Nevada corporation; COOPER ROOFING
CO., INC., a Nevada corporation;
17 LUKESTAR CORPORATION dba
CHAMPION MASONRY, a Nevada
18 corporation; CUSTOM HEARTH
DISTRIBUTORS, INC., a Nevada
19 corporation; DAWN FRAMING, INC., a
Nevada corporation; CIRCLE S
20 DEVELOPMENT CORPORATION dba
DECK SYSTEMS NEVADA, a Nevada
21 corporation; DISTINCTIVE MARBLE, INC.,
an Arizona corporation; DOUBLE A
22 ELECTRIC, LLC, a Nevada limited-liability
company; DRI RESIDENTIAL
23 CORPORATION – NEVADA, a Nevada
corporation; DRI RESIDENTIAL
24 CORPORATION, a California corporation;
EAGLE PLASTERING, INC. fka
25 SUNDANCE PLASTERING, a Nevada
corporation; EXECUTIVE PLASTERING,
26 INC., a Nevada corporation; EXECUTIVE
PLUMBING, INC., a Nevada corporation;
27 EXTREME CONCRETE, LLC, a Nevada
limited-liability company; GENERAL
28 ELECTRIC COMPANY, a New York
-2-
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 3 of 8
1 corporation; HARRISON DOOR COMPANY,
a Nevada corporation; HOUSTON2 STAFFORD ELECTRIC, INC., a Texas
corporation; HOUSTON-STAFFORD
3 ELECTRICAL CONTRACTORS LIMITED
PARTNERSHIP, a Texas limited partnership;
4 INFINITY BUILDING PRODUCTS, LLC, an
Arizona limited-liability company;
5 HUTCHINS DRYWALL, INC., a Nevada
corporation; INTERSTATE PLUMBING &
6 AIR CONDITIONING, LLC, a Nevada
limited-liability company; JAYAR
7 MANUFACTURING, INC., a Texas
corporation; JOHNSON ELECTRIC, INC., a
8 Nevada corporation; K&K DOOR & TRIM,
LLC, a Nevada limited-liability company;
9 K&K FRAMERS, INC., a Nevada
corporation; KENNINGTON PLASTERING
10 NEVADA, a Nevada corporation; LARRY
METHVIN INSTALLATIONS, INC., a
11 California corporation; LAS VEGAS
CULTURED MARBLE, INC., a Nevada
12 corporation; MASCO CABINETRY, LLC, a
Michigan limited-liability company; THE
13 MASONRY GROUP NEVADA, INC., a
Nevada corporation; NEVADA
14 COUNTERTOP CORPORATION, a Nevada
corporation; POWER HOUSE PLASTERING,
15 a Nevada corporation; HIRSCHI MASONRY,
LLC, a Nevada limited-liability company,
16 NEW CRETE, LLC, a Nevada limited-liability
company; PETERSEN-DEAN, INC., a
17 California company; QUALITY WOOD
PRODUCTS, LTD., a Nevada corporation;
18 RED ROCK MECHANICAL, LLC, a Nevada
limited liability company; SACRAMENTO
19 INSULATION CONTRACTORS dba GALE
BUILDING PRODUCTS; WEST COAST
20 AIR CONDITIONING, LLC, a Nevada
limited-liability company; REPUBLIC
21 ELECTRIC, INC., a Nevada corporation;
ROADRUNNER DRYWALL CORP., a
22 Nevada corporation; SBS CONSTRUCTION,
INC., a Nevada corporation; SILVER STATE
23 STEEL GROUP, INC., a Nevada corporation;
SIERRA AIR CONDITIONING, INC., a
24 Nevada corporation; SILVER STATE
FIREPLACES, INC., a Nevada corporation;
25 SOUTHWEST GLAZING & WINDOWS,
LLC, a Nevada limited-liability company;
26 STATE INSULATION, LLC, a Nevada
limited-liability company; SUN CITY
27 LANDSCAPES & LAWN MAINTENANCE,
INC., a Nevada corporation; SUNRISE
28 CARPENTRY, INC., an Arizona corporation;
-3-
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 4 of 8
1 T AND F MARBLE & GRANITE, INC., a
Nevada corporation; AMERICAN
2 WOODMARK CORP. dba TIMBERLAKE
CABINET COMPANY, a Nevada
3 corporation; AMENDE’ CABINET
CORPORATION dba TIMBERLAKE
4 CABINET COMPANY, a Virginia
corporation; T&R PAINTING AND
5 DRYWALL, LLC, a Nevada limited-liability
company; T&R CONSTRUCTION GROUP
6 dba T&R PAINTING AND DRYWALL,
INC., a Nevada corporation; TITAN STAIRS
7 & TRIM, INC., a Nevada corporation;
TOWER BUILDERS, LLC, a Nevada limited8 liability company; TRI-CITY DRYWALL,
INC., a Nevada corporation; ULTIMATE
9 ELECTRONICS, INC., a Delaware
corporation; UNIQUE-SCAPE AND
10 DESIGN, a Nevada corporation; VALENTE
CONCRETE, LLC, a Nevada limited-liability
11 company; WESTERN SHOWER DOOR,
INC., a Nevada corporation; WEST COAST
12 COUNTERTOPS, INC., a Nevada
corporation; WEST COAST PROPERTY
13 CONSULTANTS, INC., a California
corporation; WESTCOR CONSTRUCTION, a
14 Nevada corporation; XO WINDOWS
NEVADA, LLC, a Nevada corporation; and
15 ZEPEDA BROS. PAINT & DRYWALL,
LLC, a Nevada limited-liability company,
16
Third-Party Defendants.
17
18
Plaintiffs, Brittany and Anthony Lopez, et al. (hereinafter “Plaintiffs”) and
19 Defendants/Third-Party Plaintiffs US Home Corporation and Greystone Nevada, LLC
20 (hereinafter collectively, “Developers”), by and through their respective counsel, hereby jointly
21 request that the Court continue the scheduling order’s expert-disclosure deadlines by forty-five22 days to allow the parties additional time to work towards a global settlement before Plaintiffs incur
23 substantial costs by performing destructive testing of the homes involved in this construction
24 defect litigation. The requested amendment will not change the current discovery cut-off date.
25 All of the third-party defendants have been notified by Plaintiffs’ and Developers of their intention
26 to file this motion and none of the third-party defendants oppose the continuance. Therefore, this
27 motion is unopposed. A copy of the proposed amended scheduling order is attached hereto as
28 Exhibit “A.”
-4-
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 5 of 8
1
This motion is made and based upon the memorandum of points and authorities filed
2 concurrently herewith, all pleadings and papers on file herein, the declarations attached hereto, and
3 such oral argument as may be heard.
4 Dated: August 11, 2017
Dated: August 11, 2017
5 PURSIANO BARRY BRUCE LAVELLE, LLP PAYNE & FEARS LLP
6
7 By: /s/ David T. Pursiano
8
9
David T. Pursiano, Esq.
851 S. Rampart Blvd., Ste. 260
Las Vegas, NV 89145
Telephone: (702) 233-3063
Gregory H. King, Esq.
Sarah J. Odia, Esq.
6385 S. Rainbow Blvd, Suite 220
Las Vegas, NV 89118
Telephone: (702) 851-0300
Attorneys for Plaintiffs
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10
By: /s/ Sarah J. Odia
Attorneys for Defendants and Third-Party
Plaintiffs US HOME CORPORATION and
GREYSTONE NEVADA, LLC
12
13 Dated: August 11, 2017
14 LATTIE MALANGA LIBERTINO, LLP
15
16 By: /s/ Jonathan G. Lattie
17
18
19
20
Jonathan G. Lattie, Esq.
7945 W. Sahara Ave., Ste. 208
Las Vegas, NV 89117
Telephone: (702) 655-4949
Attorneys for Plaintiff s
21
MEMORANDUM OF POINTS AND AUTHORITIES
22
I. CASE HISTORY AND CURRENT SCHEDULING ORDER
23
This is a construction defect case involving 25 homes in the Sierra Ranch master community
24 in North Las Vegas, Nevada. Plaintiffs’ complaint was filed on June 22, 2016. (ECF No. 1-1).
25 Developers removed this case to federal court on July 25, 2016 (ECF No. 1) and filed a motion to
26 dismiss Plaintiffs’ complaint on August 1, 2016. (ECF No. 5). This case was stayed from
27 September 16, 2016 to February 1, 2017 while Developers’ motion to dismiss the Plaintiffs’
28 complaint was pending. (ECF No. 17, 26) Developers answered the complaint on March 22, 2017
-5-
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 6 of 8
1 (ECF No. 40) and filed a third-party complaint against over 80 third-party defendant subcontractors
2 who performed work on the Plaintiffs’ homes. (ECF No. 41). Many of the third-party defendant
3 subcontractors are out of business, and therefore, the Developers have been working to notify their
4 carriers of the lawsuit so that they can assign defense counsel and participate in the litigation. .
5
The original scheduling order was entered on March 22, 2017. (ECF No. 38). The
6 scheduling order was amended on June 5, 2017. The current scheduling order deadlines are as
7 follows:
Current Scheduling Order Deadline
3/30/2017
FRCP 26(a)(1) Initial Disclosures Exchanged
10
9/11/17
Plaintiffs’ Final Expert Reports due (FRCP 26(a)(2))
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
Date
9
PAYNE & FEARS LLP
8
10/11/17
Developers’ Final Expert Reports due
12
11/10/17
Third-Party Defendants’ Final Expert Reports due
13
12/22/17
Last day to amend pleadings or add parties
14
1/19/18
Interim Status Report due
15
3/22/18
Discovery cut-off date
16
4/20/18
Last day to file dispositive motions
17
5/21/18
Joint Pretrial Order due
18
19
20
21
22
23
24
25
26
27
28
The parties held mediations on May 30- May 31, 2017 and July 21, 2017. Developers have
been able to reach settlements with over two-thirds of the third-party defendant subcontractors
during the mediations, and are making settlement progress with additional parties. The parties
continue to engage in settlement negotiations in an attempt to avoid, if possible, the Plaintiffs
incurring substantial destructive testing costs. However, under the current scheduling order,
Plaintiffs’ final expert reports are due on September 11, 2017. In preparation for its final expert
reports, Plaintiffs intend to destructively test all of the homes, at a substantial expense beginning on
August 17, 2017 to meet this deadline. The parties would like to conduct further settlement
negotiations to attempt to resolve this case before the Plaintiffs incur this expense.
-6-
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 7 of 8
1
2
II. REQUEST TO AMEND THE SCHEDULING ORDER
Plaintiffs and Developers request that all of the expert disclosure deadlines in the scheduling
3 order be continued by forty-five days to allow the parties additional time to work towards a global
4 settlement before the Plaintiffs’ incur the substantial expense of destructively testing all 25 homes
5 involved in this action. The requested continuance will not change the discovery cut-off date of
6 May 22, 2018. The amended scheduling order is attached hereto as Exhibit “A” and includes the
7 following dates (the requested amended dates are in bold):
Amended Scheduling Order Deadline
3/30/2017
FRCP 26(a)(1) Initial Disclosures Exchanged
10
10/24/17
Plaintiffs’ Final Expert Reports due (FRCP 26(a)(2))
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
Date
9
PAYNE & FEARS LLP
8
11/24/17
Developers’ Final Expert Reports due
12
12/22/17
Third-Party Defendants’ Final Expert Reports due
13
12/22/17
Last day to amend pleadings or add parties
14
1/19/18
Interim Status Report due
15
3/22/18
Discovery cut-off date
16
4/20/18
Last day to file dispositive motions
17
5/21/18
Joint Pretrial Order due
18
19
20
21
22
23
24
25
26
Plaintiffs and Developers notified all of the non-settled third-party defendant subcontractors
of their intention to seek this continuance and asked that the respond with any opposition they may
have before this motion was filed. None of the third-party defendants opposed the continuance.
Therefore, this joint motion is unopposed. Further, good cause exists for the requested amended
scheduling order because the parties have not been dilatory in litigating this action and amended
scheduling order will facilitate the parties’ settlement negotiations, and will accommodate the needs
of this litigation.
27
28
-7-
Case 2:16-cv-01754-RFB-CWH Document 355 Filed 08/11/17 Page 8 of 8
1 Dated: August 11, 2017
Dated: August 11, 2017
2 PURSIANO BARRY BRUCE LAVELLE, LLP PAYNE & FEARS LLP
3
4 By: /s/ David T. Pursiano
5
6
7
By: /s/ Sarah J. Odia
David T. Pursiano, Esq.
851 S. Rampart Blvd., Ste. 260
Las Vegas, NV 89145
Telephone: (702) 233-3063
Gregory H. King, Esq.
Sarah J. Odia, Esq.
6385 S. Rainbow Blvd, Suite 220
Las Vegas, NV 89118
Telephone: (702) 851-0300
Attorneys for Plaintiffs
8
Attorneys for Defendants and Third-Party
Plaintiffs US HOME CORPORATION and
GREYSTONE NEVADA, LLC
9
11 LATTIE MALANGA LIBERTINO, LLP
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10 Dated: August 11, 2017
12
13 By: /s/ Jonathan G. Lattie
14
15
16
17
Jonathan G. Lattie, Esq.
7945 W. Sahara Ave., Ste. 208
Las Vegas, NV 89117
Telephone: (702) 655-4949
Attorneys for Plaintiff s
18
19
SECOND Joint Motion to Amend Scheduling Order (Sierra Ranch) 4833-3402-7852 v.1.docx
20
21
22
23
24
25
26
27
28
-8-
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 1 of 9
EXHIBIT “A”
EXHIBIT “A”
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 2 of 9
1 Gregory H. King
Nevada Bar No. 7777
2 ghk@paynefears.com
Sarah J. Odia
3 Nevada Bar No. 11053
sjo@paynefears.com
4 PAYNE & FEARS LLP
6385 S. Rainbow Blvd, Suite 220
5 Las Vegas, NV 89118
Telephone: (702) 851-0300
6 Facsimile: (702) 851-0315
7 Attorneys for Defendants and Third-Party Plaintiffs
U.S. HOME CORPORATION
8 and GREYSTONE NEVADA, LLC
9
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10
BRITTANY & ANTHONY LOPEZ, Husband
12 and Wife; PAULA EARL-MCCONICO &
WILLIE MCCONICO, Husband and Wife;
13 MARTIN & VERONICA FREEMAN,
Husband and Wife; TIMMY LE & NGUYEN
14 TRINH, Husband and Wife; GERDA
PIERROT; SHAWN YBARRA; SHELBY
15 MCEVOY & KENNETH PFEIFER, Husband
and Wife; PABLO ECHEVARRIA &
16 PATREASE ASHLEY, Husband and Wife;
NICHOLAS SPELDRICH & MARYANN
17 UNDIS; SHUREN ZHANG & PING YUE,
Husband and Wife; ROBYN COOPER;
18 LINDA YARBROUGH; SOON LEWIS;
NICOLE JENKINS; MATTHEW
19 BACHMAN & TIMOTHY THOMPSON;
STEVE FELDMAN; JENNIFER DURHAM;
20 JENNIFER HOUGHLAND; SETH &
KRISTAL MACKERT, Husband and Wife;
21 LILLIE A BANKS; NATHAN & KYLEE
REEDER; DEREK BAO & NICOLE
22 SHINAVER, Husband and Wife; JEROME A
REYES; PAUL E. MELENDEZ; SCOTT &
23 HOLLY WORTLEY, Husband and Wife,
Plaintiffs,
24
25
v.
26 U.S. HOME CORPORATION AND
GREYSTONE NEVADA, LLC; and DOES 1
27 through 100, inclusive,
28
Defendants.
Case No. 2:16-cv-01754-RFB-CWH
AMENDED DISCOVERY PLAN AND
SCHEDULING ORDER
[SPECIAL SCHEDULING REVIEW
REQUESTED]
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 3 of 9
1 U.S. HOME CORPORATION AND
GREYSTONE NEVADA, LLC,
2
Third-Party Plaintiffs.
3
v.
4
THE A.C. HOUSTON LUMBER
5 COMPANY, a Nevada corporation;
AMERICAN ASPHALT & GRADING
6 COMPANY, a Nevada corporation, RCR
PLUMBING AND MECHANICAL, INC., a
7 California corporation; ALLARD
ENTERPRISES, INC. dba AR IRON, a
8 Nevada corporation; BEE-LURE PAINTING,
a Nevada close corporation; BANKER
9 INSULATION, INC., an Arizona corporation;
BRASS2COPPER MECHANICAL, INC., a
10 Nevada corporation; BURNHAM PAINTING
& DRYWALL CORP., a Nevada close11 corporation; CBC FRAMING, INC., a
California corporation; CAMPBELL
12 CONCRETE OF NEVADA, INC., a Nevada
corporation; FLOORS-N-MORE, LLC dba
13 CARPETS-N-MORE, a Nevada limitedliability company; CHICAGO PAINTING,
14 INC., a Nevada corporation; CONCRETE
SERVICES, INC., a Nevada corporation;
15 CONTRACT DÉCOR, INC., an Oklahoma
corporation; COOPER ROOFING CO.; a
16 Nevada corporation; COOPER ROOFING
CO., INC., a Nevada corporation;
17 LUKESTAR CORPORATION dba
CHAMPION MASONRY, a Nevada
18 corporation; CUSTOM HEARTH
DISTRIBUTORS, INC., a Nevada
19 corporation; DAWN FRAMING, INC., a
Nevada corporation; CIRCLE S
20 DEVELOPMENT CORPORATION dba
DECK SYSTEMS NEVADA, a Nevada
21 corporation; DISTINCTIVE MARBLE, INC.,
an Arizona corporation; DOUBLE A
22 ELECTRIC, LLC, a Nevada limited-liability
company; DRI RESIDENTIAL
23 CORPORATION – NEVADA, a Nevada
corporation; DRI RESIDENTIAL
24 CORPORATION, a California corporation;
EAGLE PLASTERING, INC. fka
25 SUNDANCE PLASTERING, a Nevada
corporation; EXECUTIVE PLASTERING,
26 INC., a Nevada corporation; EXECUTIVE
PLUMBING, INC., a Nevada corporation;
27 EXTREME CONCRETE, LLC, a Nevada
limited-liability company; GENERAL
28 ELECTRIC COMPANY, a New York
corporation; HARRISON DOOR COMPANY,
-2-
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 4 of 9
1 a Nevada corporation; HOUSTONSTAFFORD ELECTRIC, INC., a Texas
2 corporation; HOUSTON-STAFFORD
ELECTRICAL CONTRACTORS LIMITED
3 PARTNERSHIP, a Texas limited partnership;
INFINITY BUILDING PRODUCTS, LLC, an
4 Arizona limited-liability company;
HUTCHINS DRYWALL, INC., a Nevada
5 corporation; INTERSTATE PLUMBING &
AIR CONDITIONING, LLC, a Nevada
6 limited-liability company; JAYAR
MANUFACTURING, INC., a Texas
7 corporation; JOHNSON ELECTRIC, INC., a
Nevada corporation; K&K DOOR & TRIM,
8 LLC, a Nevada limited-liability company;
K&K FRAMERS, INC., a Nevada
9 corporation; KENNINGTON PLASTERING
NEVADA, a Nevada corporation; LARRY
10 METHVIN INSTALLATIONS, INC., a
California corporation; LAS VEGAS
11 CULTURED MARBLE, INC., a Nevada
corporation; MASCO CABINETRY, LLC, a
12 Michigan limited-liability company; THE
MASONRY GROUP NEVADA, INC., a
13 Nevada corporation; NEVADA
COUNTERTOP CORPORATION, a Nevada
14 corporation; POWER HOUSE PLASTERING,
a Nevada corporation; HIRSCHI MASONRY,
15 LLC, a Nevada limited-liability company,
NEW CRETE, LLC, a Nevada limited-liability
16 company; PETERSEN-DEAN, INC., a
California company; QUALITY WOOD
17 PRODUCTS, LTD., a Nevada corporation;
RED ROCK MECHANICAL, LLC, a Nevada
18 limited liability company; SACRAMENTO
INSULATION CONTRACTORS dba GALE
19 BUILDING PRODUCTS; WEST COAST
AIR CONDITIONING, LLC, a Nevada
20 limited-liability company; REPUBLIC
ELECTRIC, INC., a Nevada corporation;
21 ROADRUNNER DRYWALL CORP., a
Nevada corporation; SBS CONSTRUCTION,
22 INC., a Nevada corporation; SILVER STATE
STEEL GROUP, INC., a Nevada corporation;
23 SIERRA AIR CONDITIONING, INC., a
Nevada corporation; SILVER STATE
24 FIREPLACES, INC., a Nevada corporation;
SOUTHWEST GLAZING & WINDOWS,
25 LLC, a Nevada limited-liability company;
STATE INSULATION, LLC, a Nevada
26 limited-liability company; SUN CITY
LANDSCAPES & LAWN MAINTENANCE,
27 INC., a Nevada corporation; SUNRISE
CARPENTRY, INC., an Arizona corporation;
28 T AND F MARBLE & GRANITE, INC., a
Nevada corporation; AMERICAN
-3-
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 5 of 9
1 WOODMARK CORP. dba TIMBERLAKE
CABINET COMPANY, a Nevada
2 corporation; AMENDE’ CABINET
CORPORATION dba TIMBERLAKE
3 CABINET COMPANY, a Virginia
corporation; T&R PAINTING AND
4 DRYWALL, LLC, a Nevada limited-liability
company; T&R CONSTRUCTION GROUP
5 dba T&R PAINTING AND DRYWALL,
INC., a Nevada corporation; TITAN STAIRS
6 & TRIM, INC., a Nevada corporation;
TOWER BUILDERS, LLC, a Nevada limited7 liability company; TRI-CITY DRYWALL,
INC., a Nevada corporation; ULTIMATE
8 ELECTRONICS, INC., a Delaware
corporation; UNIQUE-SCAPE AND
9 DESIGN, a Nevada corporation; VALENTE
CONCRETE, LLC, a Nevada limited-liability
10 company; WESTERN SHOWER DOOR,
INC., a Nevada corporation; WEST COAST
11 COUNTERTOPS, INC., a Nevada
corporation; WEST COAST PROPERTY
12 CONSULTANTS, INC., a California
corporation; WESTCOR CONSTRUCTION, a
13 Nevada corporation; XO WINDOWS
NEVADA, LLC, a Nevada corporation; and
14 ZEPEDA BROS. PAINT & DRYWALL,
LLC, a Nevada limited-liability company,
15
Third-Party Defendants.
16
17
18
The above-named parties, by and through their respective counsel of record, hereby submit
19 their Stipulated Discovery Plan and Scheduling Order pursuant to Fed. R. Civ. P. 26(f) and Local
20 Rule 26-1 for the Court’s approval.
21
Special scheduling review is required pursuant to LR 26-1(d). Because this case involves
22 construction defect allegations within 25 homes, the parties require more than 180 days for
23 discovery. The parties request 365 days for discovery. Defendants have filed a third-party
24 complaint against approximately 90 subcontractors who worked on the Plaintiffs’ homes. The
25 third-party defendants will request inspections of the Plaintiffs’ homes. Further, Plaintiffs will
26 need to complete its testing of the subject homes. Plaintiffs’ experts will need time to prepare
27 final defect lists and cost of repair estimates for the subject homes. The Defendants’ and third28 party defendants’ experts will need time to inspect each of the defects alleged in each of the
-4-
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 6 of 9
1 residences and prepare expert reports and costs of repair. In addition, Defendants will require time
2 to take the depositions of the owners of each of the 25 homes at issue in this case, as well as the
3 parties’ persons most knowledgeable, (PMKs), and experts. (Plaintiffs and third-party defendants
4 will also need time to take the same from Defendants.)
5
1.
6
Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1, a telephonic meeting was held on March 15,
Meeting.
7 2017, and was attended by: Sarah Odia, counsel for the Defendants, Jonathan Lattie, counsel for
8 the Plaintiffs, and David Pursiano, counsel for the Plaintiffs.
9
Initial Disclosures.
The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by March
11 30, 2017, which is 14-days after the Rule 26(f) conference.
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10
2.
12
3.
13
The parties may schedule mediations with mediator David S. Lee, Esq. All mediations
Mediations.
14 must be attended by all parties and/or their representatives and their insurance carriers. The
15 mediator’s fees will be split between the parties, with the Plaintiffs, Defendants, and Third-Party
16 Defendants each paying one-third (1/3) of the mediator’s fees.
17
4.
18
The parties jointly propose to the Court the following discovery plan:
19
Subject of Discovery. Discovery will be needed on all issues raised in Plaintiffs’
Discovery Plan.
20 Complaint and NRS Chapter 40 notices, including the following subjects: Plaintiffs’ claims for
21 breach of implied warranties, breach of express warranties, negligence, and strict liability;
22 damages, including computations and amounts. Further, discovery will be needed on all of
23 Defendants’ affirmative defenses that will be asserted in any answer Defendants’ will ultimately
24 file. Discovery will also be needed on all of the claims asserted in the Defendants’ third-party
25 complaint that Defendants will file.
26
Should discovery be phased, limited or focused: Not at this time, but each party reserves
27 the right to make a motion of the Court on this issue at any time.
28
Disclosure of electronically-stored information (“ESI”): The Parties will set up a
-5-
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 7 of 9
1 document depository at Litigation Services. All disclosures and/or productions of documents will
2 be deposited in the depository in electronic format on CD-ROM or DVD-ROM in .pdf format.
3
5.
4
As required by LR 26-1(e )(1), Defendants filed their FRCP 12(b) motion to dismiss
Discovery Cut-Off Date.
5 Plaintiffs’ complaint on August 1, 2016. (ECF No. 5). Defendants’ will file an answer to the
6 complaint by March 22, 2017. The number of days required for discovery is 365 days from that
7 date. Accordingly, Discovery is proposed to close on March 22, 2018, which is 365 days after
8 Defendants will file their answer.
9
Amending the Pleadings and Adding Parties.
The parties shall have until December 22, 2017, to amend the pleadings or add additional
11 parties. This is ninety (90) days prior to the close of discovery.
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10
6.
12
7.
13
Disclosures identifying Plaintiffs’ experts and Plaintiffs’ final expert reports shall be made
Fed. R. Civ. P. 26(a)(2) Disclosure (Experts).
14 by October 24, 2017. Disclosures identifying Defendants’ experts and Defendants’ expert reports
15 shall be made by November 24, 2017. This is thirty-days after the deadline for Plaintiffs’ expert
16 disclosures. Disclosures identifying the Third-Party Defendants’ experts and Third-Party
17 Defendants’ expert reports shall be made by December 22, 2017. This is thirty days after the
18 deadline for Defendants’ expert disclosures.
19
8.
Dispositive Motions.
20
The parties shall have until April 20, 2018, to file dispositive motions. This is thirty (30)
21 days after the close of discovery.
22
9.
23
The Joint Pretrial Order shall be filed no later than May 21, 2018. This is thirty (30) days
Pretrial Order.
24 after the date set for the filing of dispositive motions. In the even dispositive motions are filed, the
25 date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after decision on the
26 dispositive motions or by further order of the Court.
27
10.
28
The parties will proceed to engage in and supplement all discovery as permitted under the
Stipulations Regarding Limitations or Conditions or Additional Discovery.
-6-
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 8 of 9
1 Federal Rules of Civil Procedure and Local Court Rules of the District Court of Nevada,
2 including, but not limited to depositions, interrogatories, requests for production of documents,
3 requests for admissions and expert disclosures.
4
11.
5
On or before January 19, 2018, the parties shall file an Interim Status Report, as required
Interim Status Report.
6 by LR 26-3, stating the time estimated for trial, three alternative available dates for trial, and
7 whether or not trial will be proceeding or affected by substantive motions.
8
12.
9
A copy of this discovery plan and scheduling order shall be served on any person served
Later Appearing Parties.
11 appearance. This discovery plan and scheduling order shall apply to such later-appearing parties,
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10 after it is entered, or, if additional Defendants shall appear, within five (5) days of their first
12 unless the Court, on motion and for good cause shown, orders otherwise.
13
13.
14
Applications to extend any date set by the discovery plan/scheduling order shall be
Extension or Modification of the Discovery Plan and Scheduling Order.
15 received by the Court twenty (20) days before the date fixed for completion of discovery, or
16 within twenty (20) days before the expiration of any extension thereof that may have been
17 approved by the Court.
18
14.
19
The undersigned attorneys affirm they have met and conferred about the possibility of
Alternative Dispute Resolution/Mediation.
20 using alternative dispute resolution processes and they have agreed to the mediation protocols set
21 forth herein.
22
15.
Alternative Forms of Case Disposition. The undersigned parties certify that they
23 have considered but have not consented to trial by a magistrate judge under 28 U.S.C. §63(c) and
24 Fed. R. Civ. P. 73 and do not believe the matter complies for use of the Short Trial Program.
25
26
27
28
-7-
Case 2:16-cv-01754-RFB-CWH Document 355-1 Filed 08/11/17 Page 9 of 9
1
2
3
DATED:
DATED:
LATTIE MALANGA LIBERTINO, LLP
PAYNE & FEARS
4 By:
Jonathan G. Lattie, NV Bar No. 7058
5 7945 W. Sahara Ave., Ste. 108
Las Vegas, NV 89117
6 Tel. (702) 655-4949
Attorneys for Plaintiffs
7
8
LLP
By:
Gregory H. King, NV Bar No. 7777
Sarah Odia, NV Bar No. 11053
6385 S. Rainbow Blvd, Suite 220
Las Vegas, NV 89118
Tel. (702) 851-0300
Attorneys for Defendants and Third-Party
Plaintiffs U.S. HOME CORPORATION
and GREYSTONE NEVADA, LLC
9
11
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
(702) 851-0300
PAYNE & FEARS LLP
10
ORDER
12
13 IT IS SO ORDERED.
14
15
DATED: August 16, 2017
___________________________________
UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE
SECOND AMENDED Discovery Plan and Scheduling Order (Sierra Ranch) 4835-7500-3980 v.1.docx
16
17
18
19
20
21
22
23
24
25
26
27
28
-8-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?