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Azure Manor/Rancho De Paz Homeowners Association v. U.S. Home Corp.

United States District Court, D. Nevada

January 9, 2018

AZURE MANOR/RANCHO DE PAZ HOMEOWNERS ASSOCIATION, a Nevada residential, common-interest planned community, Plaintiff,
v.
US HOME CORPORATION, a Delaware corporation; LENNAR CORPORATION, a Delaware corporation; LENNAR SALES CORP., a California corporation, and DOES 1-100, inclusive, Defendants. US HOME CORPORATION, a Delaware corporation; LENNAR CORPORATION, a Delaware corporation; LENNAR SALES CORP., a California corporation Third-Party Plaintiffs
v.
THE AC. HOUSTON LUMBER COMPANY, a Nevada corporation; THE AVANTI DOOR GROUP, INC., a Nevada corporation: CAMPBELL CONCRETE OF NEVADA, INC., a Nevada corporation; FLOORS-N-MORE, LLC DBA CARPETS-N-MORE, a Nevada limited-liability company; CHAMPION DRYWALL INC. OF NEVADA, a Nevada corporation; COOPER ROOFING CO., a Nevada corporation; COOPER ROOFING COMPANY, INC., a Nevada corporation; CUSTOM HEARTH DISTRIBUTORS, INC., a Nevada corporation; DAWN FRAMING, INC., a Nevada corporation; CIRCLE S DEVELOPMENT CORPORATION dba DECK SYSTEMS OF NEVADA, a Nevada corporation; GENERAL ELECTRIC COMPANY, New York corporation; HARRISON DOOR COMPANY, a Nevada corporation; K&K DOOR & TRFM, LLC, a Nevada limited-liability company; MSI LANDSCAPING, INC., a Nevada corporation; M&M CONSTRUCTION, INC., a Nevada corporation; MERILLAT INDUSTRIES, INC., Michigan corporation; NEVADA COUNTERTOP CORPORATION, a Nevada corporation; NEVADA STAIRS, INC., a Nevada corporation; NEW CREATION MASONRY, INC., a Nevada corporation; PIONEER PLUMBING, INC., a Nevada corporation; RW STUCCO, INC., a Nevada corporation; RED ROSE, INC., a Nevada corporation; REPUBLIC ELECTRIC, INC., a Nevada corporation; NORTHBROOK, INC. dba SIERRA REFINISHING, a Nevada corporation; TRI-CITY DRYWALL, INC., a Nevada corporation; WESTERN AMERICA GRANITE, a Nevada corporation; WESTERN SHOWER DOOR, INC., a California corporation; SIERRA AIR CONDITIONING, INC., a Nevada corporation; BANKER INSULATION, INC., an Arizona corporation; and ALLARD ENTERPRISES, INC. dba IRON SPECIALISTS, a Nevada corporation, and VALENTE CONCRETE, LLC, a Nevada limited-liability company, Third-Party Defendants.

          Gregory H. King PAYNE & FEARS LLP Attorneys for Defendants and Third-Party Plaintiffs U.S. HOME CORPORATION; LENNAR CORPORATION; and LENNAR SALES CORPORATION

          SARAH B. HARTIG, ESQ. NV Bar No. 10070 Attorneys for Third-Party Defendant NEVADA STAIRS, INC.

          ORDER GRANTING STIPULATION / JOINT MOTION FOR DISMISSAL WITH PREJUDICE OF U.S. HOME CORPORATION, LENNAR CORPORATION, AND LENNAR SALES CORPORATION'S THIRD-PARTY COMPLAINT AGAINST NEVADA STAIRS, INC. ECF NO. 316

         IT IS HEREBY STIPULATED AND AGREED TO BY AND BETWEEN Third-Party Plaintiffs U.S. Home Corporation, Lennar Corporation, and Lennar Sales Corporation (hereinafter collectively, "US Home"), by through their attorney of record Sarah J. Odia of the law firm of PAYNE & FEARS, LLP, and Third-Party Defendant NEVADA STAIRS, INC., by and through its attorney of record. Sarah B. Hartig, Esq. of the law firm of Grant & Associates, that the operative Third-Party Complaint against NEVADA STAIRS, INC. is hereby dismissed with prejudice, along with any and all claims against NEVADA STAIRS, INC. in this matter, each party is to bear their own attorneys' fees and costs.

         Local Rule 7-1(c) states that "A stipulation that has been signed by fewer than all the parties or their attorneys will be treated-and must be filed-as a joint motion." This stipulation is between the third-party plaintiffs and only one of the several third-party defendants in this case. Accordingly, it should be treated as joint motion under LR 7-1(c).

         ORDER

         The Court construes this stipulation to dismiss the third-party Nevada Stairs, Inc. as a joint motion under Local Rule 7-1(c) because it was signed by fewer than all parties in case. Good cause appearing, it is hereby ORDERED that the joint motion is GRANTED and all claims ...


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