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)

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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-

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