The Seasons Homeowners Association Inc. v. Richmond American Homes of Nevada, Inc. et al
Filing
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ORDER Granting 57 Stipulation of Dismissal with Prejudice. Case terminated. Signed by Judge James C. Mahan on 12/22/2017. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 1 of 29
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Scott K. Canepa, Nev. Bar #4556
Terry W. Riedy, Nev. Bar #3895
Bryan T. Abele, Nev. Bar #7250
CANEPA RIEDY ABELE & COSTELLO
851 South Rampart Boulevard, Suite 160
Las Vegas, Nevada 89145-4885
Telephone: (702) 304-2335
Facsimile: (702) 304-2336
scanepa@canepariedy.com
triedy@canepariedy.com
babele@canepariedy.com
J. Randall Jones, Nev. Bar #1927
Michael J. Gayan, Nev. Bar #11135
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KEMP, JONES & COULTHARD, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, Nevada 89169
Phone: (702) 385-6000
Fax:
(702) 385-6001
r.jones@kempjones.com
m.gayan@kempjones.com
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Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF NEVADA
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The SEASONS HOMEOWNERS
ASSOCIATION, INC., a Nevada nonprofit
corporation; and DOE HOMEOWNERS 1
through 1000,
Plaintiffs,
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vs.
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RICHMOND HOMES OF NEVADA, INC., a
foreign corporation doing business in Nevada;
RED ROCK MECHANICAL, LLC, a Nevada
company; ASPEN MANUFACTURING
HOLDINGS, INC. fka ASPEN
MANUFACTURING, INC., a foreign
corporation doing business in Nevada; DOE
INDIVIDUALS 1-200; and ROE BUSINESS or
GOVERNMENTAL ENTITIES 1-200,
Defendants.
) Case No. 2:16-cv-01816-JCM)
CWH
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) STIPULATION AND
) ORDER TO DISMISS
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Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 2 of 29
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AND ALL RELATED CLAIMS.
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WHEREAS, on July 30, 2016, Defendant Aspen Manufacturing Holding, Inc. fka
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Aspen Manufacturing, Inc. (“Aspen”) filed its Petition for Removal to the United States
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District Court for the District of Nevada, which was joined by Defendant Richmond
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American Homes of Nevada, Inc. (“Richmond American”) and Third-Party Defendant Red
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Rock Mechanical, LLC (“Red Rock”) on August 15, 2016;
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WHEREAS, on August 29, 2016, Plaintiff The Seasons Homeowners Association,
Inc. (“Seasons” or “Plaintiff”) filed its Motion to Remand (Doc. No. 17);
WHEREAS, on December 7, 2016, this Court entered its order denying Plaintiff’s
Motion to Remand (Doc. No. 27);
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WHEREAS, in or about May 2017, Plaintiff entered into a settlement agreement
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with Richmond American, Red Rock, and Third-Party Defendant NSI Supply, Inc. (“NSI”)
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requiring payment of $2,000,000 to resolve Plaintiff’s claims against these settling parties
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(“Initial Settlement”), which is contingent upon (1) this Court finding the Initial Settlement
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to have been reached in good faith as contemplated by NRS 17.245; (2) dismissal of
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Aspen’s claims against Richmond American, Red Rock, and NSI; and (3) entry of an order
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barring future claims by the individual homeowners in the Seasons development;
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WHEREAS, prior to removal of this action, NSI filed a cross-claim against, among
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others, Aspen and Red Rock for implied indemnity, contribution, declaratory relief, and
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apportionment;
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WHEREAS, prior to removal of this action, NSI filed third-party complaint against,
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among others, Aspen, Red Rock and several of Aspen’s insurers for breach of contract
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Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 3 of 29
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based on certain additional insured obligations;
WHEREAS, the Initial Settlement has no connection with or impact on NSI’s thirdparty claims against Aspen’s insurers only;
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WHEREAS, on June 28, 2017, Richmond American, Red Rock, and NSI filed their
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Joint Motion for Determination of Good Faith Settlement (Doc. No. 42), which seeks (1) a
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judicial finding the Initial Settlement to have been reached in good faith pursuant to NRS
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17.245; (2) dismissal of Aspen’s claims against Richmond American, Red Rock, and NSI;
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and (3) an order barring all current and/or future claims for contribution and equitable or
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implied indemnity as against Richmond American, Red Rock, and NSI (“Joint Motion”);
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WHEREAS, on June 28, 2017, Plaintiff, Richmond American, Red Rock, and NSI
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filed a Stipulation and Order Barring Settled Claims Involving Separate Interest Property
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(Doc. No. 43) (“Stipulation Barring Claims”);
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WHEREAS, on June 29, 2017, Red Rock filed its Motion to Deem Settlement
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Agreement Signed (Doc. No. 44) and an Errata thereto (Doc. No. 45) (“Motion to Deem”);
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WHEREAS, on July 17, 2017, Richmond American filed its Notice of Non-
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Opposition related to the Joint Motion (Doc. No. 48);
WHEREAS, on July 20, 2017, Red Rock filed its Notice of Non-Opposition related
to the Motion to Deem (Doc. No. 49);
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WHEREAS, in or about July 2017, Plaintiff entered into a settlement agreement
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with Aspen requiring payment of $500,000 to resolve Plaintiff’s claims against Aspen
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(“Aspen Settlement”), which is contingent upon (1) this Court finding the Aspen
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Settlement to have been reached in good faith as contemplated by NRS 17.245; (2) a similar
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good-faith finding of a settlement reached in a related matter styled as Skypointe Unit
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Owners’ Association v. Aspen Manufacturing Holdings, Inc. fka Aspen Manufacturing,
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Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 4 of 29
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Inc., Case No. A-14-706889-D, which is pending in Department 30 of the Eighth Judicial
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District Court of the State of Nevada; and (3) final court approval, pursuant to NRCP 23(e),
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of a class action settlement in a related matter styled as In re: Aspen Series BB Evaporator
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Coil Litigation, Case No. A-14-710463-D, which is pending in Department 16 of the
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Eighth Judicial District Court of the State of Nevada;
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WHEREAS, on September 22, 2017, Aspen filed its Motion for Determination of
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Good Faith Settlement (Doc. No. 52), which seeks (1) a judicial finding the Aspen
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Settlement to have been reached in good faith pursuant to NRS 17.245; and (2) an order
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barring all current and/or future claims for contribution and equitable or implied indemnity
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as against Aspen (“Aspen Motion”);
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WHEREAS, on September 26, 2017, Richmond American filed its Limited
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Opposition to the Aspen Motion (Doc. No. 53), which does not oppose the substance of
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the Aspen Motion and requests entry of orders granting the Joint Motion, the Stipulation
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Barring Claims, and the Motion to Deem in conjunction with an order granting the Aspen
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Motion;
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WHEREAS, at a hearing on October 9, 2017, the Honorable Jerry Wiese granted
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Aspen’s motion seeking a good-faith finding pursuant to NRS 17.245 related to the
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settlement reached in the matter styled as Skypointe Unit Owners’ Association v. Aspen
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Manufacturing Holdings, Inc. fka Aspen Manufacturing, Inc., Case No. A-14-706889-D,
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and a copy of the order is attached hereto as Exhibit 1;
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WHEREAS, at a final fairness hearing on November 1, 2017, the Honorable
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Timothy Williams granted final approval of the class action settlement reached in the
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matter styled as In re: Aspen Series BB Evaporator Coil Litigation, Case No. A-14-710463-
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D, and a copy of the order is attached hereto as Exhibit 2;
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WHEREAS, Richmond American, Red Rock, NSI, and Aspen have not yet
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tendered their respective settlement payments to Plaintiff;
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WHEREAS, Richmond American, Red Rock, and NSI and/or their insurers will
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fund their respective shares of the settlement with Plaintiff only after this Court enters
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orders granting the pending motions (Doc. Nos. 42–44);
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WHEREAS, the settling parties having obtained the foregoing orders in the In re:
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Aspen and Skypointe matters, Aspen and/or its insurers will fund the settlement reached
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with Plaintiff in this matter only after entry of orders granting its pending motion in this
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Seasons action (Doc. No. 52); and
WHEREAS, NSI has resolved its cross-claims and third-party claims against all
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parties.
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NOW, THEREFORE, upon consent of the parties:
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IT IS HEREBY STIPULATED AND AGREED, this 18th day of December 2017,
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The Court may grant the Joint Motion (Doc. No. 42), the Stipulation Barring
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Claims (Doc. No. 43), the Motion to Deem (Doc. No. 44), and the Aspen
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Motion (Doc. No. 52);
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Upon entry of orders granting the foregoing motions and stipulation (Doc.
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Nos. 42–44, 52), all claims asserted in this action, including, but not limited
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to, NSI’s cross-claims and third-party claims against Aspen, Red Rock, and
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Aspen’s insurers, as alleged in NSI’s Third Party Complaint—shall be
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dismissed with prejudice with each party to bear its own attorney’s fees and
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costs; and
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///
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3.
The Court shall retain jurisdiction over the settling parties to enforce the
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Initial Settlement and the Aspen Settlement, including but not limited to the
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payment obligations.
Respectfully Submitted by:
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DATED this 18th day of December, 2017.
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DATED this 18th day of
December, 2017.
KEMP, JONES & COULTHARD, LLP
WOOD, SMITH, HENNING &
BERMAN, LLP
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/s/ Michael Gayan
J. Randall Jones, Esq. (#1927)
Michael J. Gayan, Esq. (#11135)
3800 Howard Hughes Parkway, 17th Fl.
Las Vegas, Nevada 89169
s/ Janice Michaels____________
Janice M. Michaels, Esq. (#6062)
Cassidy R. Ellis, Esq. (#13116)
7674 West Lake Mead Boulevard,
Suite 150
Las Vegas, Nevada 89128-6644
Scott K. Canepa, Esq. (#4556)
Terry W. Riedy, Esq. (#3895)
Bryan T. Abele, Esq. (#7250)
CANEPA RIEDY ABELE
851 South Rampart Boulevard, Suite 160
Las Vegas, Nevada 89145-4885
Attorneys for Defendant
Richmond American Homes of
Nevada, Inc.
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Attorneys for Plaintiff The Seasons
Homeowners Association, Inc.
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DATED this 18th day of December, 2017.
DATED this 18th day of
December, 2017.
THORNDAL ARMSTRONG DELK
BALKENBUSH & EISINGER
CISNEROS & MARIAS
/s/ Philip Goodhart
Christopher J. Curtis, Esq. (#4098)
Philip Goodhart, Esq. (#5332)
Sean D. Cooney, Esq. (#12945)
1100 East Bridger Avenue
Las Vegas, Nevada 89101-5315
/s/ Kenneth Marias____________
Kenneth M. Marias, Esq. (#5062)
1160 North Town Center Drive,
Suite 130
Las Vegas, Nevada 89144
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Attorneys for Defendant Aspen Manufacturing
Holdings, Inc. fka Aspen Manufacturing, Inc.
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Attorney for Third-Party
Defendant Red Rock Mechanical,
LLC
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DATED this 18th day of December, 2017.
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HERNQUIST & ASSOCIATES
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/s/ William Hernquist
William C. Hernquist II, Esq.
8407 La Mesa Blvd.
La Mesa, CA 91942-5305
Attorney for Third-Party Defendant NSI
Supply, Inc.
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Based upon the foregoing stipulation, all claims asserted in this action are hereby
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DISMISSED WITH PREJUDICE with each party to bear its own attorney’s fees and
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costs.
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DATED December 22, 2017.
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_________________________________
Hon. James C. Mahan
United States District Judge
______________________________
UNITED STATES DISTRICT JUDGE
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