Opinion
2:08-cv-01223-RCJ-GWF 2:11-cv-01424-RCJ-CWH
01-14-2013
EDWIN K. SLAUGHTER et al., Plaintiffs, v. UPONOR, INC. et al., Defendants. GREYSTONE NEVADA, LLC et al., Plaintiffs, v. ANTHEM HIGHLANDS COMMUNITY ASSOCIATION, Defendant.
ORDER
This case arises out of the manufacture, marketing, distribution, and installation of allegedly defective "yellow brass" plumbing components, which Plaintiffs allege caused harm, or threaten to cause harm, to their residences. On January 11, 2013, the Court held a hearing in Las Vegas concerning consolidation of the various cases pending throughout the District.
There are two categories of cases pending to the Court's knowledge: ten of the first type, and three of the second type. First are those ten cases the Court will refer to as Slaughter-type cases, in which homeowners or homeowners' associations ("HOA") have sued manufacturers, distributors, developers, plumbers, etc. over the construction defects. The Court has already consolidated four of the Slaughter-type cases. The lead case is Slaughter v. Uponor, Inc., No. 2:08-cv-1223. The member cases are Fulton Park Unit Owners' Association v. PN II, Inc., No. 2:11-cv-783; Dakota Condominum Association v. Wirsbo Co., 2:11-cv-812; and Wolinsky v. Carina Corp., No. 2:11-cv-830. The Court, having received the concurrence of the transferor judges where applicable, will via the present Order consolidate the six additional cases listed, infra, as member cases.
Second are those three cases the Court will refer to as Greystone-type cases, where developers who have received Chapter 40 construction defect notices under state law have sued the homeowners or HOAs who issued the notices in order to compel arbitration. In one or more of the Greystone-type cases, the homeowner or HOA defendants have countersued for construction defects. The Court has already consolidated two of the Greystone-type cases. The lead case is Greystone Nevada, LLC v. Anthem Highlands Community Association, No. 2:11-cv-1424. The member case is Greystone Nevada, LLC v. Fiesta Park Homeowners' Association, No. 2:11-cv-1422. The Court, having received the concurrence of the transferor judge, will consolidate the additional case listed, infra, as a member case.
Although the Greystone-type cases include constriction defect claims as counterclaims, the Court will not consolidate the Greystone-type cases into the Slaughter-type cases but will adjudicate the construction defect claims only in the Slaughter case. The construction defect claims and counterclaims in the Slaugher member cases and the Greystone-type cases, respectively, are precluded by the anti-claim-splitting rule. The claims will be adjudicated in the Slaughter case, whether as a single class or as subclasses. The Greystone-type cases concern only the arbitration issue, and Plaintiffs in those actions are individual developers that have not pled their actions as class actions. It is a closer question whether the Greystone-type cases need even be consolidate with one another, but the Court will do so because of common issues of law.
The Court awaits proposed orders from the parties lifting any pending stays and severing the manufacturer Defendants from one another for trial.
CONCLUSION
IT IS HEREBY ORDERED that the following cases are CONSOLIDATED as member cases into lead case Slaughter v. Uponor, Inc., No. 2:08-cv-1223: Waterfall Homeowners Association v. Viega, Inc., No. 2:11-cv-1498; The Seasons Homeowners Association, Inc. v. Richmond American Homes of Nevada, Inc., No. 2:11-cv-1875; Southern Terrace Homeowners Association v. Viega, Inc., No. 2:12-cv-206; Anthem Highlands Community Association v. Viega, Inc.; No. 12-cv-207; Lamplight Square at Green Valley Homeowners' Association v. Greystone Nevada, LLC, No. 2:12-cv-2; and Solera at Anthem Community Association, Inc. v. Del Webb Communities, Inc., No. 2:11-cv-425.
IT IS FURTHER ORDERED that the following case is CONSOLIDATED as a member case into lead case Greystone Nevada, LLC v. Anthem Highlands Community Association, No. 2:11-cv-1424: U.S. Home Corp. v. Parker-Hansen, No. 2:11-cv-1426.
IT IS FURTHER ORDERED that all further pleadings shall be filed in the relevant lead case only. Plaintiffs in the respective lead cases shall have leave to file consolidated amended complaints and, in the Slaughter case, an amended motion for class certification within ten (10) days of the entry of this Order into the electronic docket in order to consolidate existing parties and claims into a single pleading. The amended complaint shall not add substance or additional legal theories.
IT IS FURTHER ORDERED that the Clerk shall enter this Order into the dockets of the lead cases and all member cases.
IT IS SO ORDERED.
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ROBERT C. JONES
Unite Sates District Judge