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The Seasons Homeowners Association, Inc. v. Richmond Homes of Nevada, Inc.

United States District Court, D. Nevada

December 22, 2017

The SEASONS HOMEOWNERS ASSOCIATION, INC., a Nevada nonprofit corporation; and DOE HOMEOWNERS 1 through 1000, Plaintiffs,
v.
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. AND ALL RELATED CLAIMS.

          KEMP, JONES & COULTHARD, LLP J. Randall Jones, Esq. (#1927) Michael J. Gayan, Esq. (#11135) 3800 Howard Hughes Parkway, 17th Fl. Las Vegas, Nevada 89169 Scott K. Canepa, Esq. (#4556) Terry W. Riedy, Esq. (#3895) Bryan T. Abele, Esq. (#7250) CANEPA RIEDY ABELE Attorneys for Plaintiff The Seasons Homeowners Association, Inc.

          WOOD, SMITH, HENNING & BERMAN, LLP Janice M. Michaels, Esq. (#6062) Cassidy R. Ellis, Esq. (#13116) 7674 West Lake Mead Boulevard, Suite 150 Las Vegas, Nevada 89128-6644 Attorneys for Defendant Richmond American Homes of Nevada, Inc.

          THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER Christopher J. Curtis, Esq. (#4098) Philip Goodhart, Esq. (#5332) Sean D. Cooney, Esq. (#12945) Attorneys for Defendant Aspen Manufacturing Holdings, Inc. fka Aspen Manufacturing, Inc.

          CISNEROS & MARIAS Kenneth M. Marias, Esq. (#5062) Attorney for Third-Party Defendant Red Rock Mechanical, LLC

          HERNQUIST & ASSOCIATES William C. Hernquist II, Esq. Attorney for Third-Party Defendant NSI Supply, Inc.

          Scott K. Canepa, Nev. Bar #4556 Terry W. Riedy, Nev. Bar #3895 Bryan T. Abele, Nev. Bar #7250 CANEPA RIEDY ABELE & COSTELLO, J. Randall Jones, Nev. Bar #1927 Michael J. Gayan, Nev. Bar #11135 KEMP, JONES & COULTHARD, LLP Attorneys for Plaintiff

          STIPULATION AND ORDER TO DISMISS

         WHEREAS, on July 30, 2016, Defendant Aspen Manufacturing Holding, Inc. fka Aspen Manufacturing, Inc. (“Aspen”) filed its Petition for Removal to the United States District Court for the District of Nevada, which was joined by Defendant Richmond American Homes of Nevada, Inc. (“Richmond American”) and Third-Party Defendant Red Rock Mechanical, LLC (“Red Rock”) on August 15, 2016;

         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 Plaintiffs Motion to Remand (Doc. No. 27);

         WHEREAS, in or about May 2017, Plaintiff entered into a settlement agreement with Richmond American, Red Rock, and Third-Party Defendant NSI Supply, Inc. (“NSI”) requiring payment of $2, 000, 000 to resolve Plaintiffs claims against these settling parties (“Initial Settlement”), which is contingent upon (1) this Court finding the Initial Settlement to have been reached in good faith as contemplated by NRS 17.245; (2) dismissal of Aspen's claims against Richmond American, Red Rock, and NSI; and (3) entry of an order barring future claims by the individual homeowners in the Seasons development;

         WHEREAS, prior to removal of this action, NSI filed a cross-claim against, among others, Aspen and Red Rock for implied indemnity, contribution, declaratory relief, and apportionment;

         WHEREAS, prior to removal of this action, NSI filed third-party complaint against, among others, Aspen, Red Rock and several of Aspen's insurers for breach of contract based on certain additional insured obligations;

         WHEREAS, the Initial Settlement has no connection with or impact on NSI's third-party claims against Aspen's insurers only;

         WHEREAS, on June 28, 2017, Richmond American, Red Rock, and NSI filed their Joint Motion for Determination of Good Faith Settlement (Doc. No. 42), which seeks (1) a judicial finding the Initial Settlement to have been reached in good faith pursuant to NRS 17.245; (2) dismissal of Aspen's claims against Richmond American, Red Rock, and NSI; and (3) an order barring all current and/or future claims for ...


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