ORDER Granting 23 Motion to Remand to State Court. Signed by Judge James C. Mahan on 3/4/11. (Copies have been distributed pursuant to the NEF; CC: Certified Copy of Order and Docket Sheet to State Court - ASB) (Entered: 03/04/2011)
ORDER ON STIPULATION Granting 77 Stipulation of Dismissal with Prejudice as to Bramble Development Group, Inc., Bramble Homes, Inc., and Lexon Insurance Company. Signed by Judge James C. Mahan on 3/3/2011. (Copies have been distributed pursuant to the NEF - SLR) (Entered: 03/03/2011)
ORDER Granting 70 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robert Bohrer and approving Designation of Local Counsel for Attorney Michael A Urban for Employee Painters' Trust Health and Welfare Fund. Signed by Judge James C. Mahan on 3/3/2011. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLR) (Entered: 03/03/2011)
RESPONSE to 74 Motion for Leave to File an Amicus Curiae Brief filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Replies due by 3/12/2011. (Martin, Daryl) Docket entry relationship modified on 3/25/2011 (SRK). (Entered: 03/02/2011)
NOTICE of Corrected Image/Document re 70 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund, 80 Minute Order,,,,, by Amicus Employee Painters' Trust Health and Welfare Fund. (Service of corrected image is attached). (Bohrer, Robert) (Entered: 03/02/2011)
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 3/2/2011. By Deputy Clerk: David Oakes. RE: 70 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund, 79 Notice of Corrected Image/Document,, IT IS THE ORDER OF THE COURT that Robert A. Bohrer defendant's counsel is directed to correct [70, 79] petitioner cannot attached a motion to the verified petition. The amended verified petition needs to be filed as a separate document and then once the judge has admitted Mr. Bohrer to practice in this district he then can file a motion but only after the verified petition has been approved) in petitioner's Verified Petition (70, 79) within (14) days of the entry of this order and re-file using the "Notice of Corrected Image/Document" event in CM/ECF. Petitioner's failure to take such corrective measures will result in the denial of Mr. Bohrer's Verified Petition.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) (Entered: 03/02/2011)
NOTICE of Corrected Image/Document re 70 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund by Amicus Employee Painters' Trust Health and Welfare Fund. (Service of corrected image is attached). (Bohrer, Robert) (Entered: 02/28/2011)
NOTICE by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Warmington Homes-Nevada, Warmington Residential Nevada, Inc. re 52 Response to Motion,,,. OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO REMAND TO STATE COURT (Attachments: # 1 Exhibit A)(Diller, Nicole) (Entered: 02/28/2011)
STIPULATION of Dismissal Bramble Development Group, Inc., Bramble Homes, Inc. and Lexon Insurance Company by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Martin, Daryl) (Entered: 02/28/2011)
First BRIEF re 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings ; filed by Amicus Leading Builders of America. Leading Builders of America's Amicus Curiae Brief in Support of Defendants' Motion to Dismiss or in the Alternative for Stay of the Proceedings [Docket #30] (Smith, Gregory) (Entered: 02/28/2011)
ORDER Granting 74 Motion for Leave to File Amicus Brief. Signed by Judge James C. Mahan on 2/25/11. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 02/25/2011)
First MOTION for Leave to File Motion for Leave to File an Amicus Curiae Brief in Support of Defendants' Motion to Dismiss or in the Alternative for Stay of the Proceedings [Docket #30] by Amicus Leading Builders of America. Motion ripe 2/25/2011. (Smith, Gregory) (Entered: 02/25/2011)
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 2/18/2011. By Deputy Clerk: David Oakes. RE: 70 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund IT IS THE ORDER OF THE COURT that Robert A. Bohrer defendant employee's painters' trust heatlh and welfare fund's counsel is directed to correct page 5 (petitioner signed where the client is supposed to sign) in petitioner's Verified Petition (#70) within (14) days of the entry of this order and re-file using the "Notice of Corrected Image/Document" event in CM/ECF. Petitioner's failure to take such corrective measures will result in the denial of Mr. Bohrer's Verified Petition.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) (Entered: 02/18/2011)
BRIEF filed by Amicus Parties International Brotherhood of Electrical Workers, Local 401, International Union of Elevator Constructors. Amicus Brief in Opposition to Motion to Dismiss (Kahn, Andrew) (Entered: 02/17/2011)
BRIEF re 68 Order on Motion for Leave to File, 57 MOTION for Leave to File Brief of Amicus Curiae ; filed by Amicus Parties Trustees of the Bricklayers & Allied Craftworkers International Masonry Institute, Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada, Trustees of the Bricklayers & Allied Craftworkers Local 13 Health Benefits Fund, Trustees of the Bricklayers & Allied Craftworkers Local 13 Vacation Fund, Trustees of the Bricklayers & Trowel Trades International Health Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the Operating Engineers Health & Welfare Fund, Trustees of the Operating Engineers Journeyman Apprentice Training Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Amicus Curiae Brief in Support of Plaintiffs (Urban, Michael) (Entered: 02/17/2011)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert A. Bohrer and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1890271) filed by Amicus Employee Painters' Trust Health and Welfare Fund. Motion ripe 2/17/2011. (Bohrer, Robert) Corrected image 79 added on 3/1/2011 (RFJ). Corrected image 81 added on 3/3/2011 (RFJ). (Entered: 02/17/2011)
REPLY to Response to 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings ; filed by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company. (Diller, Nicole) (Entered: 02/11/2011)
ORDER Granting 54 and 57 Motions for Leave to File Amicus Briefs. Signed by Judge James C. Mahan on 2/11/11. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 02/11/2011)
STATEMENT of Intent to Seek Leave to File a Brief Amicus Curiae in Support of Defendants' Motion to Dismiss or In the Alternative for Stay of the Proceedings [Docket #30 re 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings ; by Amicus Leading Builders of America. (Smith, Gregory) (Entered: 02/11/2011)
SUPPLEMENTAL ORDER re 65 Order Denying 24 Motion to Consolidate Cases. Signed by Chief Judge Roger L. Hunt on 2/7/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 02/08/2011)
ORDER Denying 24 Motion to Consolidate Cases. Signed by Chief Judge Roger L. Hunt on 2/7/11. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 02/08/2011)
NOTICE by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan Notice of Entry of Order (Attachments: # 1 Exhibit 1)(Smith, Wesley) (Entered: 02/07/2011)
REPLY to Response to 24 MOTION to Consolidate Cases with 2:06-cv-1032-RLH-RJJ ; filed by Defendants Centex Corporation, Del Webb Communities, Inc., PN II, Inc., Pulte Home Corporation. (Roskelley, Rick) (Entered: 02/07/2011)
REPLY to Response to 23 MOTION to Remand to State Court and Request for Attorneys' Fees ; filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Reply in Support of Motion to Remand Case to State Court and Request for Attorneys' Fees (Martin, Daryl) (Entered: 02/04/2011)
ORDER GRANTING 56 Stipulation of Dismissal as to Certain Defendants and Bonds Only. Bond Safeguard Insurance Company, Celebrate Homes, Inc., Hadfield Development, Inc., Lexon Insurance Company, Lincoln General Insurance Co., London Construction, LLC, McCormick Luxury Homes, Inc., Pageantry Homes of Nevada, Inc., Pier Construction & Development, LLC, Storybook Contracting, LLC, Trident Homes, LLC, Astoria Homes, LLC and Beazer Homes Holdings Corp dismissed with prejudice. Each party to bear their own attorney's fees and expenses. Signed by Judge James C. Mahan on 1/31/11. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 01/31/2011)
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 1/27/2011. By Deputy Clerk: David Oakes. RE: 59 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David L. Tuttle and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1866530) filed by Plaintiffs National Roofers & Employers Union Health & Welfare F VERIFIED PETITION for Permission to Practice Pro Hac Vice by David L. Tuttle and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1866530) filed by Plaintiffs National Roofers & Employers Union Health & Welfare F IT IS THE ORDER OF THE COURT that Petitioner is directed to correct questions 1 and 9 (no line can be left blank) in petitioner's Verified Petition (#59) within (14) days of the entry of this order and re-file using the "Notice of Corrected Image/Document" event in CM/ECF. Petitioner's failure to take such corrective measures will result in the denial of Petitioner's Verified Petition.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) (Entered: 01/27/2011)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by David L. Tuttle and DESIGNATION of Local Counsel Michael A. Urban (Filing fee $ 175 receipt number 0978-1866530) filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Motion ripe 1/27/2011. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tuttle, David) (Entered: 01/27/2011)
BRIEF re 57 MOTION for Leave to File Brief of Amicus Curiae ; filed by Amicus Parties Trustees of the Bricklayers & Allied Craftworkers International Masonry Institute, Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada, Trustees of the Bricklayers & Allied Craftworkers Local 13 Health Benefits Fund, Trustees of the Bricklayers & Allied Craftworkers Local 13 Vacation Fund, Trustees of the Bricklayers & Trowel Trades International Health Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the Operating Engineers Health & Welfare Fund, Trustees of the Operating Engineers Journeyman Apprentice Training Trust, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Vacation-Holiday Savings Trust. Amicus Curiae Brief in Support of Plaintiffs (Urban, Michael) (Entered: 01/21/2011)
MOTION for Leave to File Brief of Amicus Curiae by Amicus Parties Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Health & Welfare Fund, Trustees of the Operating Engineers Vacation-Holiday Savings Trust, Trustees of the Operating Engineers Journeyman Apprentice Training Trust, Trustees of the Bricklayers & Allied Craftworkers Local 13 Health Benefits Fund, Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada, Trustees of the Bricklayers & Allied Craftworkers Local 13 Vacation Fund, Trustees of the Bricklayers & Trowel Trades International Pension Fund, Trustees of the Bricklayers & Trowel Trades International Health Fund, Trustees of the Bricklayers & Allied Craftworkers International Masonry Institute. Motion ripe 1/21/2011. (Urban, Michael) (Entered: 01/21/2011)
STIPULATION of Dismissal REVISED Stipulation for Dismissal as to Certain Defendants and Bonds Only re Doc. 45 by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Martin, Daryl) (Entered: 01/21/2011)
RESPONSE to 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings, filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Opposition to Motion to Dismiss Replies due by 1/31/2011. (Martin, Daryl) (Entered: 01/21/2011)
MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff by Amicus Parties International Brotherhood of Electrical Workers, Local 401, International Union of Elevator Constructors. Motion ripe 1/20/2011. (Attachments: # 1 Amicus Brief in Opposition to Motion to Dismiss)(Kahn, Andrew) (Entered: 01/20/2011)
RESPONSE to 24 MOTION to Consolidate Cases with 2:06-cv-1032-RLH-RJJ, filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Opposition to Motion to Consolidate Cases Replies due by 1/27/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Smith, Wesley) (Entered: 01/17/2011)
RESPONSE to 23 MOTION to Remand to State Court and Request for Attorneys' Fees, filed by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Warmington Homes-Nevada, Warmington Residential Nevada, Inc.. Replies due by 1/24/2011. (Attachments: # 1 Declaration Rick D. Roskelley)(Roskelley, Rick) (Entered: 01/14/2011)
JOINDER to 24 MOTION to Consolidate Cases with 2:06-cv-1032-RLH-RJJ ; filed by Defendants Insurance Company Of The West, Pacific Southwest Holding Co.. (Sutehall, Kevin) (Entered: 01/14/2011)
JOINDER to 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings ; filed by Defendants Insurance Company Of The West, Pacific Southwest Holding Co.. (Sutehall, Kevin) (Entered: 01/14/2011)
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 1/12/2011. IT IS ORDERED that this case is reassigned to Magistrate Judge Lawrence R. Leavitt for all further proceedings within his jurisdiction. Magistrate Judge George Foley, Jr. no longer assigned having been inadvertently assigned to case. All further documents must bear the correct case number 2:10-cv-01882-GWF-LRL. (no image attached) (Copies have been distributed pursuant to the NEF - BLG) (Entered: 01/12/2011)
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 1/12/2011. To properly distribute the case load for the magistrate judges in the District of Nevada, IT IS ORDERED that this case is reassigned to Judge George W. Foley, Jr., U.S. Magistrate Judge for all further proceedings consistent with his jurisdiction. All further documents must bear the correct case number 2:10-cv-01882-JCM-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 01/12/2011)
NOTICE of Voluntary Dismissal by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. of Defendant Fidelity and Deposit Company of Maryland (Martin, Daryl) (Entered: 01/06/2011)
NOTICE of Voluntary Dismissal by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. of Defendant Ryland Homes Nevada, LLC with Prejudice (Martin, Daryl) (Entered: 01/04/2011)
STIPULATION for Dismissal as to Certain Defendants and Bonds Only by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Martin, Daryl) (Entered: 01/04/2011)
ORDER ON STIPULATION Granting 42 Stipulation for Extension of Briefing Schedule re: 23 MOTION to Remand to State Court, 24 MOTION to Consolidate Cases, and 30 MOTION to Dismiss. 23 Motion to Remand to State Court Deadlines: Responses due by 1/14/2011. Replies due by 2/4/2011. 24 Motion to Consolidate Cases Deadlines: Responses due by 1/17/2011. Replies due by 2/7/2011. 30 Motion to Dismiss Deadlines: REsponses due by 1/21/11. Replies due by 2/11/2011. Signed by Judge James C. Mahan on 12/9/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/09/2010)
STIPULATION re 24 MOTION to Consolidate Cases with 2:06-cv-1032-RLH-RJJ, 30 MOTION to Dismiss or in the Alternative for Stay of the Proceedings, 23 MOTION to Remand to State Court and Request for Attorneys' Fees ; AND [PROPOSED] ORDER EXTENDING TIME FOR BRIEFING [First Request] by Defendants American Home Assurance, Amstar Homes, Inc., Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company, Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Roskelley, Rick) (Entered: 12/07/2010)
AMENDED PETITION FOR REMOVAL from District Court of Nevada, Case Number A-10-626216-C, filed by Bond Safeguard Insurance Company, Warmington Residential Nevada, Inc., KB Home Nevada, Inc., Storybook Contracting, LLC, Pinnacle Homes, Inc., Toll Bros., Inc., Travelers Casualty & Surety Co of America, Richmond American Homes of Nevada, Inc., Toll North LV, LLC, Centex Homes, Pulte Home Corporation, Toll South LV, LLC, Warmington Homes-Nevada, Toll Henderson, LLC, Meritage Homes of Nevada, Inc., Beazer Homes Holdings Corp., Insurance Company Of The West, Lincoln General Insurance Co., Safeco Insurance Company of North America, Western Insurance Company, Pageantry Homes of Nevada, Inc., PN II, Inc., Centex Corporation, Toll NV Holdings, LLC, Del Webb Communities, Inc., Amstar Homes, Inc.. No changes to parties. (Roskelley, Rick) (Entered: 12/06/2010)
NOTICE of Appearance by attorney Kurt C Faux on behalf of Defendant Platte River Insurance Company. Notice of Appearance of Willi H. Siepmann, Esq. (Faux, Kurt) (Entered: 12/06/2010)
ORDER Granting 26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Allyson N. Ho and approving Designation of Local Counsel for Attorney Rick D. Roskelley for Centex Corporation, Del Webb Communities, Inc., PN II, Inc., and Pulte Home Corporation. Signed by Judge James C. Mahan on 12/3/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/03/2010)
ORDER granting 27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles C Jackson and approving Designation of Attorney Rick D. Roskelley as Local Counsel. Signed by Judge James C. Mahan on 12/2/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS) (Entered: 12/02/2010)
ORDER granting 28 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Nicole A. Diller and approving Designation of Attorney Rick D. Roskelley as Local Counsel. Signed by Judge James C. Mahan on 12/2/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS) (Entered: 12/02/2010)
ORDER granting 29 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Abbey M Glenn and approving Designation of Attorney Rick D. Roskellye as Local Counsel. Signed by Judge James C. Mahan on 12/2/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS) (Entered: 12/02/2010)
ERRATA to 31 Notice (Other) ; and Corrected Notice of Dismissal as to Certain Defendants and Bonds Only filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Martin, Daryl) (Entered: 12/02/2010)
NOTICE of Voluntary Dismissal filed by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan (Martin, Daryl) Wrong event selected by attorney, event modified on 12/22/2010 (RFJ). (Entered: 12/02/2010)
MOTION to Dismiss or in the Alternative for Stay of the Proceedings by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company. Responses due by 12/18/2010. (Roskelley, Rick) (Entered: 12/01/2010)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Abbey M. Glenn and DESIGNATION of Local Counsel Rick D. Roskelley (Filing fee $ 175 receipt number 0978-1807662) filed by Defendants Centex Corporation, Del Webb Communities, Inc., PN II, Inc., Pulte Home Corporation. Motion ripe 11/30/2010. (Roskelley, Rick) (Entered: 11/30/2010)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nicole A. Diller and DESIGNATION of Local Counsel Rick D. Roskelley (Filing fee $ 175 receipt number 0978-1807656) filed by Defendants Centex Corporation, Del Webb Communities, Inc., PN II, Inc., Pulte Home Corporation. Motion ripe 11/30/2010. (Roskelley, Rick) (Entered: 11/30/2010)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles C. Jackson and DESIGNATION of Local Counsel Rick D. Roskelley (Filing fee $ 175 receipt number 0978-1807640) filed by Defendants Centex Corporation, Del Webb Communities, Inc., PN II, Inc., Pulte Home Corporation. Motion ripe 11/30/2010. (Roskelley, Rick) (Entered: 11/30/2010)
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Allyson N. Ho and DESIGNATION of Local Counsel Rick D. Roskelley (Filing fee $ 175 receipt number 0978-1807612) filed by Defendants Centex Corporation, Del Webb Communities, Inc., PN II, Inc., Pulte Home Corporation. Motion ripe 11/30/2010. (Roskelley, Rick) (Entered: 11/30/2010)
STATUS REPORT RE: REMOVAL filed by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company, Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Keene, David) (Entered: 11/29/2010)
MOTION to Consolidate Cases with 2:06-cv-1032-RLH-RJJ by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company. Responses due by 12/16/2010. (Roskelley, Rick) (Entered: 11/29/2010)
MOTION to Remand to State Court and Request for Attorneys' Fees by Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. Responses due by 12/11/2010. (Martin, Daryl) (Entered: 11/24/2010)
CERTIFICATE of Interested Parties filed by Lexon Insurance Company. There are no known interested parties other than those participating in the case. (Richards, Gordon) (Entered: 11/23/2010)
JOINDER to 1 Petition for Removal,,, ; filed by Defendants Insurance Company Of The West, Pacific Southwest Holding Co.. (Sutehall, Kevin) (Entered: 11/23/2010)
ANSWER to Complaint re 1 Petition for Removal,,, filed by Lexon Insurance Company. Certificate of Interested Parties due by 12/3/2010. Discovery Plan/Scheduling Order due by 1/7/2011.(Richards, Gordon) (Entered: 11/23/2010)
CERTIFICATE of Interested Parties filed by Pier Construction & Development, LLC. There are no known interested parties other than those participating in the case. (Zimbelman, Eric) (Entered: 11/17/2010)
STATEMENT RE: REMOVAL filed by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-H)(Keene, David) (Entered: 11/15/2010)
CERTIFICATE of Interested Parties filed by Insurance Company Of The West, Pacific Southwest Holding Co. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Western Insurance Holdings for Insurance Company Of The West; Other Affiliate Tuscan Cliffs, LP for Pacific Southwest Holding Co. added.. (Connot, Mark) (Entered: 11/08/2010)
CERTIFICATE of Interested Parties filed by American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., McCormick Luxury Homes, Inc., Meritage Homes of Nevada, Inc., PN II, Inc., Pageantry Homes of Nevada, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company. There are no known interested parties other than those participating in the case. (Keene, David) (Entered: 11/05/2010)
ORDER GRANTING 11 Stipulation to Extend Deadline. Signed by Magistrate Judge Lawrence R. Leavitt on 11/3/10. American Home Assurance; Amstar Homes, Inc.; Astoria Homes, LLC ; Beazer Homes Holdings Corp.; Bond Safeguard Insurance Company; Centex Corporation; Centex Homes; Del Webb Communities, Inc. ; Hartford Fire Insurance Company; Insurance Company Of The West; KB Home Nevada, Inc.; Lincoln General Insurance Co.; Meritage Homes of Nevada, Inc. ; Pinnacle Homes, Inc.; Pulte Home Corporation; Richmond American Homes; Storybook Contracting, LLC; Toll Bros., Inc.; Toll Henderson, LLC; Toll NV Holdings, LLC; Toll North LV, LLC; Toll South LV, LLC; Travelers Casualty & Surety Co of America; Warmington Homes-Nevada; Warmington Residential Nevada, Inc.; and Western Insurance Company answer due 12/1/2010. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 11/03/2010)
JOINDER to 1 Petition for Removal,,, ; filed by Defendants McCormick Luxury Homes, Inc., Pageantry Homes of Nevada, Inc.. (Keene, David) (Entered: 11/02/2010)
NOTICE of Appearance by attorney David R Keene on behalf of Defendants McCormick Luxury Homes, Inc., Pageantry Homes of Nevada, Inc.. (Keene, David) (Entered: 11/02/2010)
STIPULATION and ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT [First Request] by Defendants American Home Assurance, Amstar Homes, Inc., Astoria Homes, LLC, Beazer Homes Holdings Corp., Bond Safeguard Insurance Company, Centex Corporation, Centex Homes, Del Webb Communities, Inc., Hartford Fire Insurance Company, Insurance Company Of The West, KB Home Nevada, Inc., Lincoln General Insurance Co., Meritage Homes of Nevada, Inc., PN II, Inc., Pinnacle Homes, Inc., Pulte Home Corporation, Richmond American Homes of Nevada, Inc., Safeco Insurance Company of North America, Storybook Contracting, LLC, Toll Bros., Inc., Toll Henderson, LLC, Toll NV Holdings, LLC, Toll North LV, LLC, Toll South LV, LLC, Travelers Casualty & Surety Co of America, Warmington Homes-Nevada, Warmington Residential Nevada, Inc., Western Insurance Company, Plaintiffs National Roofers & Employers Union Health & Welfare Fund, National Roofing Industry Pension Plan. (Keene, David) (Entered: 11/01/2010)
SUMMONS Returned Executed by National Roofing Industry Pension Plan, National Roofers & Employers Union Health & Welfare Fund. Accredited Surety and Casualty Company served on 10/7/2010, answer due 10/28/2010; American Contractors Indemnity Company served on 10/7/2010, answer due 10/28/2010; American Home Assurance served on 10/7/2010, answer due 10/28/2010; Amstar Homes, Inc. served on 10/7/2010, answer due 10/28/2010; Astoria Homes, LLC served on 10/5/2010, answer due 10/26/2010; Beazer Homes Holdings Corp. served on 10/6/2010, answer due 10/27/2010; Bond Safeguard Insurance Company served on 10/7/2010, answer due 10/28/2010; Bramble Development Group, Inc. served on 10/12/2010, answer due 11/2/2010; Bramble Homes, Inc. served on 10/12/2010, answer due 11/2/2010; Capital Indemnity Corporation served on 10/7/2010, answer due 10/28/2010; Celebrate Homes, Inc. served on 10/7/2010, answer due 10/28/2010; Centex Corporation served on 10/6/2010, answer due 10/27/2010; Centex Homes served on 10/6/2010, answer due 10/27/2010; Contractors Bonding & Insurance Company served on 10/7/2010, answer due 10/28/2010; Del Webb Communities, Inc. served on 10/6/2010, answer due 10/27/2010; Developers Surety and Indemnity Company served on 10/7/2010, answer due 10/28/2010; Fidelity and Deposit Company of Maryland served on 10/7/2010, answer due 10/28/2010; Hadfield Development, Inc. served on 10/5/2010, answer due 10/26/2010; Hartford Fire Insurance Company served on 10/7/2010, answer due 10/28/2010; Heller Development Company served on 10/5/2010, answer due 10/26/2010; Insurance Company Of The West served on 10/7/2010, answer due 10/28/2010; KB Home Nevada, Inc. served on 10/6/2010, answer due 10/27/2010; LBM Development Co., Inc. served on 10/4/2010, answer due 10/25/2010; Lexon Insurance Company served on 10/7/2010, answer due 10/28/2010; Lincoln General Insurance Co. served on 10/7/2010, answer due 10/28/2010; London Construction, LLC served on 10/10/2010, answer due 10/31/2010; Longford Construction, LLC served on 10/5/2010, answer due 10/26/2010; Longford Properties, Inc. served on 10/5/2010, answer due 10/26/2010; McCormick Luxury Homes, Inc. served on 10/5/2010, answer due 10/26/2010; Meritage Homes of Nevada, Inc. served on 10/6/2010, answer due 10/27/2010; Old Republic Insurance Company served on 10/7/2010, answer due 10/28/2010; PN II, Inc. served on 10/6/2010, answer due 10/27/2010; Pacific Coast Development served on 10/14/2010, answer due 11/4/2010; Pacific Southwest Holding Co. served on 10/8/2010, answer due 10/29/2010; Pageantry Homes of Nevada, Inc. served on 10/5/2010, answer due 10/26/2010; Pan Pacific Construction Company served on 10/5/2010, answer due 10/26/2010; Pardee Homes of Nevada served on 10/6/2010, answer due 10/27/2010; Pier Construction & Development, LLC served on 10/5/2010, answer due 10/26/2010; Pinnacle Homes, Inc. served on 10/5/2010, answer due 10/26/2010; Platte River Insurance Company served on 10/7/2010, answer due 10/28/2010; Pulte Home Corporation served on 10/6/2010, answer due 10/27/2010; Purmar, Inc. served on 10/4/2010, answer due 10/25/2010; R/S Development, LLC served on 10/7/2010, answer due 10/28/2010; Revolution Development, LLC served on 10/5/2010, answer due 10/26/2010; Richmond American Homes of Nevada, Inc. served on 10/6/2010, answer due 10/27/2010; Ryland Homes Nevada, LLC served on 10/6/2010, answer due 10/27/2010; STW, Inc. served on 10/11/2010, answer due 11/1/2010; Safeco Insurance Company of North America served on 10/7/2010, answer due 10/28/2010; Storybook Contracting, LLC served on 10/5/2010, answer due 10/26/2010; Suretec Insurance Company served on 10/7/2010, answer due 10/28/2010; Timberland Development, LLC served on 10/18/2010, answer due 11/8/2010; Toll Bros., Inc. served on 10/6/2010, answer due 10/27/2010; Toll Henderson, LLC served on 10/6/2010, answer due 10/27/2010; Toll NV Holdings, LLC served on 10/6/2010, answer due 10/27/2010; Toll North LV, LLC served on 10/6/2010, answer due 10/27/2010; Toll South LV, LLC served on 10/6/2010, answer due 10/27/2010; Travelers Casualty & Surety Co of America served on 10/7/2010, answer due 10/28/2010; Trident Homes, LLC served on 10/5/2010, answer due 10/26/2010; Warmington Homes-Nevada served on 10/6/2010, answer due 10/27/2010; Warmington Residential Nevada, Inc. served on 10/6/2010, answer due 10/27/2010; Western Insurance Company served on 10/7/2010, answer due 10/28/2010; Western Surety Company served on 10/7/2010, answer due 10/28/2010. (Attachments: # 1 Exhibit 1 - Affidavits)(Smith, Wesley) (Entered: 10/28/2010)
NOTICE of Appearance by attorney Eric Zimbelman on behalf of Defendant Pier Construction & Development, LLC. and Joinder of Petition for Removal by Pier Construction & Development, LLC (Zimbelman, Eric) (Entered: 10/28/2010)
Pacific Southwest Holding Co. & Insurance Company of the West's ANSWER to Complaint re 1 Petition for Removal,,, filed by Insurance Company Of The West, Pacific Southwest Holding Co.. Certificate of Interested Parties due by 11/7/2010. Discovery Plan/Scheduling Order due by 12/12/2010.(Connot, Mark) (Entered: 10/28/2010)
NOTICE of Appearance by attorney David R Keene on behalf of Defendant American Home Assurance. Notice of Appearance and Joinder of Petition for Removal by American Home Assurance (Keene, David) (Entered: 10/27/2010)
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 10/27/2010. By Deputy Clerk: Eileen Sterba. Statement regarding removed action is due by 11/14/2010. Joint Status Report regarding removed action is due by 11/29/2010. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 10/27/2010)
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (ECS) (Entered: 10/27/2010)
PETITION FOR REMOVAL from Nevada District Court, Clark County, Case Number A-10-626216-C, (Filing fee $ 350 receipt number 0978-1777454), filed by Bond Safeguard Insurance Company, Warmington Residential Nevada, Inc., KB Home Nevada, Inc., Storybook Contracting, LLC, Pinnacle Homes, Inc., Toll Bros., Inc., Travelers Casualty & Surety Co of America, Richmond American Homes of Nevada, Inc., Toll North LV, LLC, Centex Homes, Pulte Home Corporation, Toll South LV, LLC, Warmington Homes-Nevada, Toll Henderson, LLC, Meritage Homes of Nevada, Inc., Beazer Homes Holdings Corp., Insurance Company Of The West, Lincoln General Insurance Co., Safeco Insurance Company of North America, Western Insurance Company, PN II, Inc., Centex Corporation, Astoria Homes, LLC, Toll NV Holdings, LLC, Del Webb Communities, Inc., Amstar Homes, Inc.. Proof of service due by 1/26/2011. Certificate of Interested Parties due by 11/5/2010. (Attachments: # 1 Exhibit A to E-2)(Keene, David) (Entered: 10/26/2010)
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