The Seasons Homeowners Association Inc. v. Richmond American Homes of Nevada, Inc. et al, No. 2:2016cv01816 - Document 58 (D. Nev. 2017)
Court Description: ORDER Granting 57 Stipulation of Dismissal with Prejudice. Case terminated. Signed by Judge James C. Mahan on 12/22/2017. (Copies have been distributed pursuant to the NEF - MMM)
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The Seasons Homeowners Association Inc. v. Richmond American Homes of Nevada, Inc. et al Doc. 58 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 1 of 29 1 2 3 4 5 6 7 Scott K. Canepa, Nev. Bar #4556 Terry W. Riedy, Nev. Bar #3895 Bryan T. Abele, Nev. Bar #7250 CANEPA RIEDY ABELE & COSTELLO 851 South Rampart Boulevard, Suite 160 Las Vegas, Nevada 89145-4885 Telephone: (702) 304-2335 Facsimile: (702) 304-2336 scanepa@canepariedy.com triedy@canepariedy.com babele@canepariedy.com J. Randall Jones, Nev. Bar #1927 Michael J. Gayan, Nev. Bar #11135 8 9 10 11 KEMP, JONES & COULTHARD, LLP 3800 Howard Hughes Parkway, 17th Floor Las Vegas, Nevada 89169 Phone: (702) 385-6000 Fax: (702) 385-6001 r.jones@kempjones.com m.gayan@kempjones.com 12 Attorneys for Plaintiff 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE DISTRICT OF NEVADA 15 16 17 The SEASONS HOMEOWNERS ASSOCIATION, INC., a Nevada nonprofit corporation; and DOE HOMEOWNERS 1 through 1000, Plaintiffs, 18 vs. 19 20 21 22 23 24 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. ) Case No. 2:16-cv-01816-JCM) CWH ) ) ) STIPULATION AND ) ORDER TO DISMISS ) ) ) ) ) ) ) ) ) ) ) ) Dockets.Justia.com Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 2 of 29 1 ______________________________________ 2 AND ALL RELATED CLAIMS. ) ) ) ) 3 4 WHEREAS, on July 30, 2016, Defendant Aspen Manufacturing Holding, Inc. fka 5 Aspen Manufacturing, Inc. (“Aspen”) filed its Petition for Removal to the United States 6 District Court for the District of Nevada, which was joined by Defendant Richmond 7 American Homes of Nevada, Inc. (“Richmond American”) and Third-Party Defendant Red 8 Rock Mechanical, LLC (“Red Rock”) on August 15, 2016; 9 10 11 12 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 Plaintiff’s Motion to Remand (Doc. No. 27); 13 WHEREAS, in or about May 2017, Plaintiff entered into a settlement agreement 14 with Richmond American, Red Rock, and Third-Party Defendant NSI Supply, Inc. (“NSI”) 15 requiring payment of $2,000,000 to resolve Plaintiff’s claims against these settling parties 16 (“Initial Settlement”), which is contingent upon (1) this Court finding the Initial Settlement 17 to have been reached in good faith as contemplated by NRS 17.245; (2) dismissal of 18 Aspen’s claims against Richmond American, Red Rock, and NSI; and (3) entry of an order 19 barring future claims by the individual homeowners in the Seasons development; 20 WHEREAS, prior to removal of this action, NSI filed a cross-claim against, among 21 others, Aspen and Red Rock for implied indemnity, contribution, declaratory relief, and 22 apportionment; 23 WHEREAS, prior to removal of this action, NSI filed third-party complaint against, 24 among others, Aspen, Red Rock and several of Aspen’s insurers for breach of contract 2 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 3 of 29 1 2 3 based on certain additional insured obligations; WHEREAS, the Initial Settlement has no connection with or impact on NSI’s thirdparty claims against Aspen’s insurers only; 4 WHEREAS, on June 28, 2017, Richmond American, Red Rock, and NSI filed their 5 Joint Motion for Determination of Good Faith Settlement (Doc. No. 42), which seeks (1) a 6 judicial finding the Initial Settlement to have been reached in good faith pursuant to NRS 7 17.245; (2) dismissal of Aspen’s claims against Richmond American, Red Rock, and NSI; 8 and (3) an order barring all current and/or future claims for contribution and equitable or 9 implied indemnity as against Richmond American, Red Rock, and NSI (“Joint Motion”); 10 WHEREAS, on June 28, 2017, Plaintiff, Richmond American, Red Rock, and NSI 11 filed a Stipulation and Order Barring Settled Claims Involving Separate Interest Property 12 (Doc. No. 43) (“Stipulation Barring Claims”); 13 WHEREAS, on June 29, 2017, Red Rock filed its Motion to Deem Settlement 14 Agreement Signed (Doc. No. 44) and an Errata thereto (Doc. No. 45) (“Motion to Deem”); 15 WHEREAS, on July 17, 2017, Richmond American filed its Notice of Non- 16 17 18 Opposition related to the Joint Motion (Doc. No. 48); WHEREAS, on July 20, 2017, Red Rock filed its Notice of Non-Opposition related to the Motion to Deem (Doc. No. 49); 19 WHEREAS, in or about July 2017, Plaintiff entered into a settlement agreement 20 with Aspen requiring payment of $500,000 to resolve Plaintiff’s claims against Aspen 21 (“Aspen Settlement”), which is contingent upon (1) this Court finding the Aspen 22 Settlement to have been reached in good faith as contemplated by NRS 17.245; (2) a similar 23 good-faith finding of a settlement reached in a related matter styled as Skypointe Unit 24 Owners’ Association v. Aspen Manufacturing Holdings, Inc. fka Aspen Manufacturing, 3 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 4 of 29 1 Inc., Case No. A-14-706889-D, which is pending in Department 30 of the Eighth Judicial 2 District Court of the State of Nevada; and (3) final court approval, pursuant to NRCP 23(e), 3 of a class action settlement in a related matter styled as In re: Aspen Series BB Evaporator 4 Coil Litigation, Case No. A-14-710463-D, which is pending in Department 16 of the 5 Eighth Judicial District Court of the State of Nevada; 6 WHEREAS, on September 22, 2017, Aspen filed its Motion for Determination of 7 Good Faith Settlement (Doc. No. 52), which seeks (1) a judicial finding the Aspen 8 Settlement to have been reached in good faith pursuant to NRS 17.245; and (2) an order 9 barring all current and/or future claims for contribution and equitable or implied indemnity 10 as against Aspen (“Aspen Motion”); 11 WHEREAS, on September 26, 2017, Richmond American filed its Limited 12 Opposition to the Aspen Motion (Doc. No. 53), which does not oppose the substance of 13 the Aspen Motion and requests entry of orders granting the Joint Motion, the Stipulation 14 Barring Claims, and the Motion to Deem in conjunction with an order granting the Aspen 15 Motion; 16 WHEREAS, at a hearing on October 9, 2017, the Honorable Jerry Wiese granted 17 Aspen’s motion seeking a good-faith finding pursuant to NRS 17.245 related to the 18 settlement reached in the matter styled as Skypointe Unit Owners’ Association v. Aspen 19 Manufacturing Holdings, Inc. fka Aspen Manufacturing, Inc., Case No. A-14-706889-D, 20 and a copy of the order is attached hereto as Exhibit 1; 21 WHEREAS, at a final fairness hearing on November 1, 2017, the Honorable 22 Timothy Williams granted final approval of the class action settlement reached in the 23 matter styled as In re: Aspen Series BB Evaporator Coil Litigation, Case No. A-14-710463- 24 D, and a copy of the order is attached hereto as Exhibit 2; 4 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 5 of 29 WHEREAS, Richmond American, Red Rock, NSI, and Aspen have not yet 1 2 tendered their respective settlement payments to Plaintiff; 3 WHEREAS, Richmond American, Red Rock, and NSI and/or their insurers will 4 fund their respective shares of the settlement with Plaintiff only after this Court enters 5 orders granting the pending motions (Doc. Nos. 42–44); 6 WHEREAS, the settling parties having obtained the foregoing orders in the In re: 7 Aspen and Skypointe matters, Aspen and/or its insurers will fund the settlement reached 8 with Plaintiff in this matter only after entry of orders granting its pending motion in this 9 Seasons action (Doc. No. 52); and WHEREAS, NSI has resolved its cross-claims and third-party claims against all 10 11 parties. 12 NOW, THEREFORE, upon consent of the parties: 13 IT IS HEREBY STIPULATED AND AGREED, this 18th day of December 2017, 14 1. The Court may grant the Joint Motion (Doc. No. 42), the Stipulation Barring 15 Claims (Doc. No. 43), the Motion to Deem (Doc. No. 44), and the Aspen 16 Motion (Doc. No. 52); 2. 17 Upon entry of orders granting the foregoing motions and stipulation (Doc. 18 Nos. 42–44, 52), all claims asserted in this action, including, but not limited 19 to, NSI’s cross-claims and third-party claims against Aspen, Red Rock, and 20 Aspen’s insurers, as alleged in NSI’s Third Party Complaint—shall be 21 dismissed with prejudice with each party to bear its own attorney’s fees and 22 costs; and 23 /// 24 /// 5 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 6 of 29 1 3. The Court shall retain jurisdiction over the settling parties to enforce the 2 Initial Settlement and the Aspen Settlement, including but not limited to the 3 payment obligations. Respectfully Submitted by: 4 5 DATED this 18th day of December, 2017. 6 DATED this 18th day of December, 2017. KEMP, JONES & COULTHARD, LLP WOOD, SMITH, HENNING & BERMAN, LLP 7 8 9 10 11 12 13 /s/ Michael Gayan J. Randall Jones, Esq. (#1927) Michael J. Gayan, Esq. (#11135) 3800 Howard Hughes Parkway, 17th Fl. Las Vegas, Nevada 89169 s/ Janice Michaels____________ Janice M. Michaels, Esq. (#6062) Cassidy R. Ellis, Esq. (#13116) 7674 West Lake Mead Boulevard, Suite 150 Las Vegas, Nevada 89128-6644 Scott K. Canepa, Esq. (#4556) Terry W. Riedy, Esq. (#3895) Bryan T. Abele, Esq. (#7250) CANEPA RIEDY ABELE 851 South Rampart Boulevard, Suite 160 Las Vegas, Nevada 89145-4885 Attorneys for Defendant Richmond American Homes of Nevada, Inc. 14 15 Attorneys for Plaintiff The Seasons Homeowners Association, Inc. 16 DATED this 18th day of December, 2017. DATED this 18th day of December, 2017. THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER CISNEROS & MARIAS /s/ Philip Goodhart Christopher J. Curtis, Esq. (#4098) Philip Goodhart, Esq. (#5332) Sean D. Cooney, Esq. (#12945) 1100 East Bridger Avenue Las Vegas, Nevada 89101-5315 /s/ Kenneth Marias____________ Kenneth M. Marias, Esq. (#5062) 1160 North Town Center Drive, Suite 130 Las Vegas, Nevada 89144 17 18 19 20 21 22 23 Attorneys for Defendant Aspen Manufacturing Holdings, Inc. fka Aspen Manufacturing, Inc. 24 6 Attorney for Third-Party Defendant Red Rock Mechanical, LLC Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 7 of 29 1 DATED this 18th day of December, 2017. 2 HERNQUIST & ASSOCIATES 3 4 5 6 /s/ William Hernquist William C. Hernquist II, Esq. 8407 La Mesa Blvd. La Mesa, CA 91942-5305 Attorney for Third-Party Defendant NSI Supply, Inc. 7 8 9 * * * 10 Based upon the foregoing stipulation, all claims asserted in this action are hereby 11 DISMISSED WITH PREJUDICE with each party to bear its own attorney’s fees and 12 costs. 13 DATED December 22, 2017. 14 15 _________________________________ Hon. James C. Mahan United States District Judge ______________________________ UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 7 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 8 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 9 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 10 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 11 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 12 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 13 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 14 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 15 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 16 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 17 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 18 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 19 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 20 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 21 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 22 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 23 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 24 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 25 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 26 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 27 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 28 of 29 Case 2:16-cv-01816-JCM-CWH Document 57 Filed 12/21/17 Page 29 of 29
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