Sierra Canyon Dehumidifier Litigation Status

Submitted by Joe Bower, Sierra Canyon Homeowner

The District Court Judge’s final ruling regarding the Sierra Canyon Dehumidifier Case was an order granting Pulte’s (PN II) motion to dismiss, which was done without prejudice. A copy of the order of dismissal may be accessed via the following link:

Case No. CV17-01607 Order Granting Motion to Dismiss

The attorney for Sierra Canyon subsequently appealed the Case to the Supreme Court where the Judge has sent it to the Alternative Dispute Resolution Program for possible resolution instead of hearing it before the Court.

2 thoughts on “Sierra Canyon Dehumidifier Litigation Status

  1. A few details:

    Here is the latest update on our Dehumidifier Lawsuit.

    Our legal firm (Maddox Segerblom Canepa, LLP) filed an appeal with The Supreme Court of Nevada on February 22nd. The filing fee was $250.00. The Court issued a Notice of Assignment to The Supreme Court’s Settlement Program, an Alternative Dispute Resolution (ADR) mediation program – “The Program.”

    Any civil appeal in which all parties are represented by counsel may be assigned to The Program.

    What’s next? Below are some paraphrasing and actual wordings from an Overview of The Program:

    The Program is a mediation process in which an impartial third party, an assigned Settlement Judge, assists the parties during a Settlement Conference, aka Conference, in considering options for settlement of their dispute. Over the years a little more than 50% of the cases assigned to The Program have been settled between the parties rather than having the court impose a decision.

    The Conference shall be held at a time and place designated by the Settlement Judge. Counsel for all parties and their clients (Board President and which other board members???) must attend. The Conference may last more than one day, typically several.

    The Settlement Judge will conduct a pre-mediation telephone conference with counsel and file an Early Case Assessment Report within 30 days of assignment. In that Report, the Settlement Judge shall inform the Court whether the case is appropriate for The Program or should be removed from it. Unless the Court removes the case from The Program the Settlement Judge shall schedule the Conference within 90 days of assignment.

    Since the Conference is at the beginning of the appellate process and since briefings and preparation of transcripts are stayed during the duration, the parties can avoid the significant costs a trail may require. Time also plays a key role as mediation may courage settlement in days versus months for a full trial. Additionally, the parties may resolve all outstanding issues between them (including other related litigation), not just the specific legal issues in a particular appeal.

    Each party to the appeal shall submit a settlement statement directly to the Settlement Judge within 15 days from the date of the Court clerk’s assignment notice. The settlement statement shall not be filed with the Supreme Court and shall not be served on opposing counsel.

    Within 180 days of assignment, the Settlement Judge must file a final Settlement Conference Status Report indicating whether the parties were able to agree to a settlement.

    Papers or documents prepared by counsel or the Settlement Judge in furtherance of the Conference, excluding the Settlement Conference Status Report, shall not be available for public inspection or submitted to or considered by the Court. Matters discussed at the Settlement Conference and papers or documents prepared for it shall not be admissible in evidence in any judicial proceeding and shall not be subject to discovery.

    Fellow Sierra Canyon Owners: The train has left the station. How long until it reaches its destination and at what cost and conclusion remain to be seen. It is expected the Board President/Board will update Sierra Canyon Association members, i.e. unit owners, at least once every quarter, and not less than once every 100 days, per NRS 116.31083(7)(f) on “The current status of any civil action or claim submitted to arbitration or mediation in which the associaion is a party.” At every monthly open board meeting would be ideal.

    Certainly legal strategy devised by the attorney and board will not and should not be made known. However, what is not legal privilege needs to be put out to owners in a timely fashion.

    All information will help Sierra Canyon owners better understand what they are facing as this dehumidifier lawsuit, the Somersett “rickety” Walls lawsuit, and a potential Sierra Canyon lawsuit (or two) on its own “rickety” walls and drainage loom large.

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