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Lopez v. U.S. Home Corporation

United States District Court, D. Nevada

August 11, 2017

BRITTANY & ANTHONY LOPEZ, Husband and Wife; PAULA EARL-MCCONICO & WILLIE MCCONICO, Husband and Wife; MARTIN & VERONICA FREEMAN, Husband and Wife; TIMMY LE & NGUYEN TRINH, Husband and Wife; GERDA PIERROT; SHAWN YBARRA; SHELBY MCEVOY & KENNETH PFEIFER, Husband and Wife; PABLO ECHEVARRIA & PATREASE ASHLEY, Husband and Wife; NICHOLAS SPELDRICH & MARYANN UNDIS; SHUREN ZHANG & PING YUE, Husband and Wife; ROBYN COOPER; LINDA YARBROUGH; SOON LEWIS; NICOLE JENKINS; MATTHEW BACHMAN & TIMOTHY THOMPSON; STEVE FELDMAN; JENNIFER DURHAM; JENNIFER HOUGHLAND; SETH & KRISTAL MACKERT, Husband and Wife; LILLIE A BANKS; NATHAN & KYLEE REEDER; DEREK BAO & NICOLE SHINAVER, Husband and Wife; JEROME A REYES; PAUL E. MELENDEZ; SCOTT & HOLLY WORTLEY, Husband and Wife, Plaintiffs,
v.
U.S. HOME CORPORATION AND GREYSTONE NEVADA, LLC; and DOES 1 through 100, inclusive, Defendants. U.S. HOME CORPORATION AND GREYSTONE NEVADA, LLC, Third-Party Plaintiffs.
v.
THE A.C. HOUSTON LUMBER COMPANY, a Nevada corporation; AMERICAN ASPHALT & GRADING COMPANY, a Nevada corporation, RCR PLUMBING AND MECHANICAL, INC., a California corporation; ALLARD ENTERPRISES, INC. dba AR IRON, a Nevada corporation; BEE-LURE PAINTING, a Nevada close corporation; BANKER INSULATION, INC., an Arizona corporation; BRASS2COPPER MECHANICAL, INC., a Nevada corporation; BURNHAM PAINTING & DRYWALL CORP., a Nevada close-corporation; CBC FRAMING, INC., a California corporation; CAMPBELL CONCRETE OF NEVADA, INC., a Nevada corporation; FLOORS-N-MORE, LLC dba CARPETS-N-MORE, a Nevada limited-liability company; CHICAGO PAINTING, INC., a Nevada corporation; CONCRETE SERVICES, INC., a Nevada corporation; CONTRACT DÉCOR, INC., an Oklahoma corporation; COOPER ROOFING CO.; a Nevada corporation; COOPER ROOFING CO., INC., a Nevada corporation; LUKESTAR CORPORATION dba CHAMPION MASONRY, a Nevada corporation; CUSTOM HEARTH DISTRIBUTORS, INC., a Nevada corporation; DAWN FRAMING, INC., a Nevada corporation; CIRCLE S DEVELOPMENT CORPORATION dba DECK SYSTEMS NEVADA, a Nevada corporation; DISTINCTIVE MARBLE, INC., an Arizona corporation; DOUBLE A ELECTRIC, LLC, a Nevada limited-liability company; DRI RESIDENTIAL CORPORATION - NEVADA, a Nevada corporation; DRI RESIDENTIAL CORPORATION, a California corporation; EAGLE PLASTERING, INC. fka SUNDANCE PLASTERING, a Nevada corporation; EXECUTIVE PLASTERING, INC., a Nevada corporation; EXECUTIVE PLUMBING, INC., a Nevada corporation; EXTREME CONCRETE, LLC, a Nevada limited-liability company; GENERAL ELECTRIC COMPANY, a New York corporation; HARRISON DOOR COMPANY, a Nevada corporation; HOUSTON-STAFFORD ELECTRIC, INC., a Texas corporation; HOUSTON-STAFFORD ELECTRICAL CONTRACTORS LIMITED PARTNERSHIP, a Texas limited partnership; INFINITY BUILDING PRODUCTS, LLC, an Arizona limited-liability company; HUTCHINS DRYWALL, INC., a Nevada corporation; INTERSTATE PLUMBING & AIR CONDITIONING, LLC, a Nevada limited-liability company; JAYAR MANUFACTURING, INC., a Texas corporation; JOHNSON ELECTRIC, INC., a Nevada corporation; K&K DOOR & TRIM, LLC, a Nevada limited-liability company; K&K FRAMERS, INC., a Nevada corporation; KENNINGTON PLASTERING NEVADA, a Nevada corporation; LARRY METHVIN INSTALLATIONS, INC., a California corporation; LAS VEGAS CULTURED MARBLE, INC., a Nevada corporation; MASCO CABINETRY, LLC, a Michigan limited-liability company; THE MASONRY GROUP NEVADA, INC., a Nevada corporation; NEVADA COUNTERTOP CORPORATION, a Nevada corporation; POWER HOUSE PLASTERING, a Nevada corporation; HIRSCHI MASONRY, LLC, a Nevada limited-liability company, NEW CRETE, LLC, a Nevada limited-liability company; PETERSEN-DEAN, INC., a California company; QUALITY WOOD PRODUCTS, LTD., a Nevada corporation; RED ROCK MECHANICAL, LLC, a Nevada limited liability company; SACRAMENTO INSULATION CONTRACTORS dba GALE BUILDING PRODUCTS; WEST COAST AIR CONDITIONING, LLC, a Nevada limited-liability company; REPUBLIC ELECTRIC, INC., a Nevada corporation; ROADRUNNER DRYWALL CORP., a Nevada corporation; SBS CONSTRUCTION, INC., a Nevada corporation; SILVER STATE STEEL GROUP, INC., a Nevada corporation; SIERRA AIR CONDITIONING, INC., a Nevada corporation; SILVER STATE FIREPLACES, INC., a Nevada corporation; SOUTHWEST GLAZING & WINDOWS, LLC, a Nevada limited-liability company; STATE INSULATION, LLC, a Nevada limited-liability company; SUN CITY LANDSCAPES & LAWN MAINTENANCE, INC., a Nevada corporation; SUNRISE CARPENTRY, INC., an Arizona corporation; T AND F MARBLE & GRANITE, INC., a Nevada corporation; AMERICAN WOODMARK CORP. dba TIMBERLAKE CABINET COMPANY, a Nevada corporation; AMENDE' CABINET CORPORATION dba TIMBERLAKE CABINET COMPANY, a Virginia corporation; T&R PAINTING AND DRYWALL, LLC, a Nevada limited-liability company; T&R CONSTRUCTION GROUP dba T&R PAINTING AND DRYWALL, INC., a Nevada corporation; TITAN STAIRS & TRIM, INC., a Nevada corporation; TOWER BUILDERS, LLC, a Nevada limited-liability company; TRI-CITY DRYWALL, INC., a Nevada corporation; ULTIMATE ELECTRONICS, INC., a Delaware corporation; UNIQUE-SCAPE AND DESIGN, a Nevada corporation; VALENTE CONCRETE, LLC, a Nevada limited-liability company; WESTERN SHOWER DOOR, INC., a Nevada corporation; WEST COAST COUNTERTOPS, INC., a Nevada corporation; WEST COAST PROPERTY CONSULTANTS, INC., a California corporation; WESTCOR CONSTRUCTION, a Nevada corporation; XO WINDOWS NEVADA, LLC, a Nevada corporation; and ZEPEDA BROS. PAINT & DRYWALL, LLC, a Nevada limited-liability company, Third-Party Defendants.

          Gregory H. King Nevada Bar No. 7777 ghk@paynefears.com Sarah J. Odia Nevada Bar No. 11053 sjo@paynefears.com PAYNE & FEARS LLP Attorneys for Defendants and Third-Party Plaintiffs U.S. HOME CORPORATION and GREYSTONE NEVADA, LLC

          JOINT UNOPPOSED MOTION TO AMEND SCHEDULING ORDER (SECOND REQUEST)

         Plaintiffs, Brittany and Anthony Lopez, et al. (hereinafter “Plaintiffs”) and Defendants/Third-Party Plaintiffs U.S. Home Corporation and Greystone Nevada, LLC (hereinafter collectively, “Developers”), by and through their respective counsel, hereby jointly request that the Court continue the scheduling order's expert-disclosure deadlines by forty-five-days to allow the parties additional time to work towards a global settlement before Plaintiffs incur substantial costs by performing destructive testing of the homes involved in this construction defect litigation. The requested amendment will not change the current discovery cut-off date. All of the third-party defendants have been notified by Plaintiffs' and Developers of their intention to file this motion and none of the third-party defendants oppose the continuance. Therefore, this motion is unopposed. A copy of the proposed amended scheduling order is attached hereto as Exhibit “A.”

         This motion is made and based upon the memorandum of points and authorities filed concurrently herewith, all pleadings and papers on file herein, the declarations attached hereto, and such oral argument as may be heard.

         PURSIANO BARRY BRUCE LAVELLE, LLP David T. Pursiano, Esq. Attorneys for Plaintiffs

         PAYNE & FEARS LLP Gregory H. King, Esq Attorneys for Defendants and Third-Party Plaintiffs U.S. HOME CORPORATION and GREYSTONE NEVADA, LLC

         LATTIE MALANGA LIBERTINO, LLP Jonathan G. Lattie, Esq. Attorneys for Plaintiff s

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. CASE HISTORY AND CURRENT SCHEDULING ORDER

         This is a construction defect case involving 25 homes in the Sierra Ranch master community in North Las Vegas, Nevada. Plaintiffs' complaint was filed on June 22, 2016. (ECF No. 1-1). Developers removed this case to federal court on July 25, 2016 (ECF No. 1) and filed a motion to dismiss Plaintiffs' complaint on August 1, 2016. (ECF No. 5). This case was stayed from September 16, 2016 to February 1, 2017 while Developers' motion to dismiss the Plaintiffs' complaint was pending. (ECF No. 17, 26) Developers answered the complaint on March 22, 2017 (ECF No. 40) and filed a third-party complaint against over 80 third-party defendant subcontractors who performed work on the Plaintiffs' homes. (ECF No. 41). Many of the third-party defendant subcontractors are out of business, and therefore, the Developers have been working to notify their carriers of the lawsuit so that they can assign defense counsel and participate in the litigation. .

         The original scheduling order was entered on March 22, 2017. (ECF No. 38). The scheduling order was amended on June 5, 2017. The current scheduling order deadlines are as follows:

Date

Current Scheduling Order Deadline

3/30/2017

FRCP 26(a)(1) Initial Disclosures Exchanged

9/11/17

Plaintiffs' Final Expert Reports due (FRCP 26(a)(2))

10/11/17

Developers' Final Expert Reports due

11/10/17

Third-Party Defendants' Final Expert Reports due

12/22/17

Last day to amend pleadings or add parties

1/19/18

Interim Status Report due

3/22/18

Discovery cut-off date

4/20/18

Last day to file dispositive motions

5/21/18

Joint Pretrial Order due

          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.

         II. REQUEST TO AMEND THE SCHEDULING ORDER

         Plaintiffs and Developers request that all of the expert disclosure deadlines in the scheduling order be continued by forty-five days to allow the parties additional time to work towards a global settlement before the Plaintiffs' incur the substantial expense of destructively testing all 25 homes involved in this action. The requested continuance will not change the discovery cut-off date of May 22, 2018. The amended scheduling order is attached hereto as Exhibit “A” and includes the following dates (the requested amended dates are in bold):

Date

Amended Scheduling Order Deadline

3/30/2017

FRCP 26(a)(1) Initial Disclosures Exchanged

10/24/17

Plaintiffs' Final Expert Reports due (FRCP 26(a)(2))

11/24/17

Developers' Final Expert Reports due

12/22/17

Third-Party Defendants' Final Expert Reports due

12/22/17

Last day to amend pleadings or add parties

1/19/18

Interim Status Report due 3/22/18 Discovery cut-off date

4/20/18

Last day to file dispositive motions

5/21/18

Joint Pretrial Order due


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