United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
motions are pending before the Court. First, Plaintiff Brahma
Group, Inc. (“Brahma” or “Plaintiff”)
moves to stay this matter or, alternatively, to amend the
complaint. ECF No. 13. Second, Defendant Tonopah Solar
Energy, LLC (“TSE” or “Defendant”)
moves this Court for a permanent injunction. ECF No. 16. For
the reasons stated below, the Court denies Brahma’s
motion and grants TSE’s motion.
sued TSE in state court on July 17, 2018, asserting claims
for breach of contract, breach of the implied covenant of
good faith and fair dealing, unjust enrichment, and a
violation of Nevada Revised Statutes (“NRS”)
624.609 and 624.610. ECF No. 1-1. TSE removed the matter to
this Court on September 10, 2018. ECF No. 1. TSE then
answered the complaint and asserted counterclaims against
Brahma. ECF No. 4.
amended the complaint on September 25, 2018. ECF No. 8. In
the amended complaint, Brahma asserted a single claim for
unjust enrichment. Id. TSE answered the amended
complaint on October 9, 2018. ECF No. 11.
now moves to stay the case or, alternatively, to amend the
complaint for a second time. ECF No. 13. TSE opposed the
motion, and Brahma replied. ECF Nos. 18, 24.
TSE seeks an injunction. ECF No. 16. Brahma opposed, and TSE
filed a reply. ECF Nos. 20, 28.
Court entertained oral arguments on the two motions on June
25, 2019. ECF No. 50. This order now follows.
Court makes the following factual findings. TSE owns the
Crescent Dunes Solar Energy Project, which is constructed on
real property located in Nye County, Nevada (the “Work
of lmprovement”). On February 1, 2017, TSE entered into
a services agreement (“Agreement”) with Brahma.
Under the Agreement, Brahma agreed to provide specific work,
materials, and equipment for the Work of Improvement. Brahma
fulfilled its obligations under the Agreement. However, a
dispute arose concerning performance of the Agreement and TSE
failed to fully pay Brahma for its services.
response to TSE failing to pay Brahma in full, Brahma
recorded a notice of lien on April 9, 2018 with the Nye
County Recorder. On April 17, 2018, Brahma filed a complaint
in the Fifth Judicial District Court in Nye County (No.
CV39237) to foreclose against the lien and to assert
additional claims. Brahma also filed with the Nye County
Court a notice of lis pendens and notice of foreclosure of
mechanic’s lien and recorded the same against the Work
April 24, 2018, TSE filed a motion to expunge Brahma’s
lien in the Nye County Court. Before Brahma received notice
of the motion to expunge, Brahma voluntarily dismissed its
complaint the same day. But Brahma declined to discharge and
release its lien. TSE decided to withdraw its first motion to
expunge rather than proceed in that case.
11, 2018, TSE filed a second motion to expunge the lien
pursuant to NRS 108.2275(1). Because there was no complaint
pending, the second motion to expunge created a special
proceeding in the Fifth Judicial District Court, Nye County,
Nevada, (“Nye County Special Proceeding”) in
accordance with NRS 108.2275(5) which provides that
“[i]f, at the time the [motion] is filed, an action to
foreclose the notice of lien has not been filed, the clerk of
the court shall assign a number to the [motion] and obtain
from the [moving party] a filing fee of $85.” NRS
17, 2018, while the motion to expunge in the Nye County
Special Proceeding was still pending, Brahma filed a new
complaint in the Eighth Judicial District Court, Clark County
Nevada (“Clark County Action”). This complaint
asserted the same claims against TSE as the previously
dismissed Nye County Action, with the exception of the lien
foreclosure claim: (1) breach of the Agreement, (2) breach of
the implied covenant of good faith and fair dealing, (3)
unjust enrichment, (4) and violation of Nevada’s prompt
payment act (together “contract claims”). TSE
removed the Clark County Action to federal court on the basis
of diversity jurisdiction on September 10, 2018.
September and October of 2018, nonparty Cobra Thermosolar
Plant, Inc., (“Cobra”) recorded surety bonds that
detached Brahma’s mechanic’s lien and the
mechanic’s lien of nonparty H&E Equipment Services,
Inc, (one of ...