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Azure Manor/Rancho De Paz Homeowners Association v. D.R. Horton, Inc.

United States District Court, D. Nevada

August 27, 2019

AZURE MANOR/RANCHO DE PAZ HOMEOWNERS ASSOCIATION, a Nevada residential, common-interest planned community, Plaintiffs,
v.
D.R. HORTON, INC., a Delaware corporation, and DOES 1-100, inclusive, Defendants. D.R. HORTON, INC., Third-Party Plaintiff,
v.
ALLARD ENTERPRISES d/b/a IRON SPECIALISTS; AMERICAN ASPHALT & GRADING COMPANY; ATRIUM DOOR AND WINDOW COMPANY; BEBOUT CONCRETE, INC.; BEL-AIR PLASTERING, INC.; CENTRAL VALLEY INSULATION; CREATIVE TOUCH INTERIORS, INC.; DISTINCTIVE MARBLE, INC.; EFFICIENT ELECTRIC, INC.; GILMORE CONSTRUCTION, LLC; HARRISON LANDSCAPE COMPANY, LLC; MAJESTIC PLUMBING, INC.; NEVADA LANDSCAPING, INC.; NEW CREATION MASONRY, INC.; OPM, INC. d/b/a CONSOLIDATED ROOFING; QUALITY WOOD PRODUCTS LTD.; SILVER STATE FIREPLACES, INC.; SOUTHERN NEVADA PAVING, INC.; SUMMIT DRYWALL & PAINT, LLC; SUNRISE MECHANICAL, INC.; SUNSTATE COMPANIES, INC. d/b/a SUNSTATE LANDSCAPE; WESTERN SHOWER DOOR; ZEPEDA BROS. PAINT & DRYWALL, LLC; and DOES 1 through 150, Third-Party Defendants.

          ANNALISA N. GRANT, ESQ. GRANT & ASSOCIATES Attorney for Third-Party Defendant

          WOOD, SMITH, HENNING & BERMAN, LLP ELISA L. WYATT, ESQ. Attorneys for Defendant/Third-Party Plaintiff D.R. HORTON, INC.

          STIPULATION AND ORDER TO DEEM SETTLEMENT AGREEMENT AND RELEASE FULLY EXECUTED AND FOR DISMISSAL OF THIRD-PARTY DEFENDANT GILMORE CONSTRUCTION, LLC WITH PREJUDICE

         IT IS HEREBY STIPULATED, by and between Third-Party Defendant GILMORE CONSTRUCTION, LLC (hereinafter “GILMORE”), by and through its attorneys of record, Grant & Associates, and Defendant/Third-Party Plaintiffs D.R. HORTON, INC. (hereinafter “DRH”), by and through its attorneys of record, Wood, Smith, Henning & Berman, LLP, that:

         (1) The Settlement Agreement and Release between GILMORE and DRH, signed by a representative of DRH, as well as counsel for DRH and counsel for GILMORE, and attached hereto as Exhibit A, is deemed fully executed by GILMORE, and

         (2) Defendant/Third-Party Plaintiff's Third-Party Complaint in the above-captioned matter is hereby dismissed, with prejudice, as to Third-Party Defendant GILMORE CONSTRUCTION, LLC only. Each party shall bear its own attorneys' fees and costs.

         IT IS SO STIPULATED.

         ORDER

         IT IS HEREBY ORDERED that (1) The Settlement Agreement and Release between GILMORE and D.R. HORTON attached as Exhibit A is deemed fully executed; and (2) Defendant/Third-Party Plaintiff D.R. HORTON, INC.'S Third-Party Complaint in the above-captioned matter, shall be dismissed, with prejudice, as to Third-Party Defendant GILMORE, only, with each party bearing its own attorneys' fees and costs.

         Exhibit A

         SETTLEMENT AGREEMENT AND RELEASE

         This Settlement Agreement and Release of Claims (hereinafter "AGREEMENT") is entered into and effective as of the date last executed by the party hereto.

         I. PARTIES

         A. The following party is referred to as "THIRD PARTY PLAINTIFF" or "DRH":

• D.R. HORTON, INC. shall mean D.R. HORTON INC., a Delaware corporation, and all of its past, present subcontractors, design professionals, agents, partners, associates, joint venturers, subsidiaries, directors, officers, stockholders, owners, employers, employees, predecessors, successors, heirs, assigns, insurers, bonding companies, representatives and attorneys, and all persons acting by, through, under or in concert with them, or any of them.

         B. The following party is referred to as "THIRD PARTY DEFENDANT" or "GILMORE CONSTRUCTION, LLC":

• GILMORE CONSTRUCTION, LLC shall mean GILMORE CONSTRUCTION, LLC, a Nevada limited liability company, and all of its past, present and future subcontractors, design professionals, agents, partners, associates, joint venturers, subsidiaries, directors, officers, stockholders, owners, employers, employees, predecessors, successors, heirs, assigns, insurers, bonding companies, representatives ...

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