United States District Court, D. Nevada
The SEASONS HOMEOWNERS ASSOCIATION, INC., a Nevada nonprofit corporation; and DOE HOMEOWNERS 1 through 1000, Plaintiffs,
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.
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.
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.
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
STIPULATION AND ORDER TO DISMISS
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;
on August 29, 2016, Plaintiff The Seasons Homeowners
Association, Inc. (“Seasons” or “Plaintiff)
filed its Motion to Remand (Doc. No. 17);
on December 7, 2016, this Court entered its order denying
Plaintiffs Motion to Remand (Doc. No. 27);
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;
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
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;
the Initial Settlement has no connection with or impact on
NSI's third-party claims against Aspen's insurers
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 ...