August 5, 2011
***IMPORTANT NOTICE TO CLASS MEMBERS***
If you experience symptoms related to an underslab leak, please report the incident to our office as soon as possible. Symptoms of an underslab leak include hot or warm spots in your floor, increased water and natural gas usage and sound in your walls conducted through copper pipe.
Case Update
On April 6, 2011, Judge Gama denied Defendants’ Motion for Partial Summary Judgment on
Plaintiffs’ Cause of Action for Breach of Implied Warranties in favor of Plaintiffs.
On June 13, 2011, Class Counsel appeared in the final trial setting conference where the Honorable Judge J. Richard Gama set the date and parameters for trial. The trial date has been set for July 10, 2012 and is expected to run for 45 days. This will be a full jury trial.
On July 26, 2011, Defendants filed a Motion for Decertification. Class Counsel is in the process of challenging this motion to protect the status of the case as a class action.
The Court has set May 11, 2012 as cut off for discovery in the case. Presently, discovery is ongoing. Class Counsel is in the process of scheduling the remaining depositions of Defense experts. Over the last several months, expert witnesses for both Class Counsel and the Defense were deposed and gave testimony regarding their qualifications and results of their investigation of the case. Other significant depositions include Joan Kirsch, the named Plaintiff in the case who was one of the original homeowners to identify the issues related to thermal galvanic corrosion and Phil Dion, the former Chief Executive Officer of Del Webb.
Class Counsel continues to investigate leaks in the Anthem community. New underslab copper pipe failures have been reported, investigated and repaired in the Anthem Country Club.
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August 6, 2010
Discovery is ongoing and Class Counsel is in the process of scheduling several additional depositions, including two experts previously utilized by Del Webb/Pulte for investigation of the TGC problem. Additionally, Class Counsel is collecting information and documentation from local plumbing vendors believed to have performed plumbing repairs in the Anthem community. Class Counsel anticipates scheduling both sides experts’ depositions in the next few months.
Del Webb/Pulte recently filed a Motion for Summary Judgment requesting Judge Gama dismiss 287 homes. Del Webb/Pulte argued that 287 of the homes currently included in the class fall outside of the eight year statute of repose which applies to claims of this nature. We are waiting for the Judge’s ruling on this Motion and will post it once it is secured. The Judge has set a Scheduling Conference on August 24, 2010. This will be our first appearance in front of Judge Gama who was recently assigned to this case to take the place of the prior Judge.
On July 12, 2010, we attended initial mediation with Del Webb/Pulte before Mediator Keith Hunter. The mediation took place in Los Angeles, California. While mediation did not result in settlement, the Mediator will continue to work with the parties as the case proceeds. We anticipate requesting a trial date in early 2011 as provided by the Scheduling Order which is currently in effect and governing the timeline in this case.
We will continue to update the Community as events occur. Please contact our office if you suspect your home is affected by TGC or is experiencing a plumbing leak.
To view the Motion for Summary Judgment filed by Del Webb/Pulte, please click here.
To view the Memorandum of Points and Authorities in Opposition to Del Webb/Pulte's Motion for Summary Judgment, please click here.
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June 2010
Discovery in this case has been very active over the last few months. To date, we have taken the depositions of 20 current and former DW/P employees. Additionally, we have deposed numerous repair contractors in the Anthem area who had been involved in plumbing repairs throughout the past several years. The testimony has produced significant information related to the history of the TGC issues in Anthem and DW/P approach to the issue. Mediation is scheduled to occur July 12-13, 2010. Together with the Defendants, we have agreed upon and retained Mediator Keith Hunter. Mr. Hunter has extensive experience in mediation practice, specifically in the area of construction defect cases. We will provide an update upon the conclusion of the upcoming mediation.
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February 2010
Plaintiff’s testing is underway in the Anthem Community. Over the next few weeks, homes included in the Class Action are scheduled to be inspected by Plaintiff’s experts to determine the following:
1. The conditions leading to Thermal Galvanic Corrosion in under slab plumbing;
2. The number of plumbing fixtures contained in various plan types;
3. The existence of island kitchens in various plan types;
4. Whether homes have re-circulating pumps installed;
Representatives from Del Webb and various subcontractors that performed certain construction services on site will be on hand as well to observe and document conditions. Once Plaintiff’s experts have documented the existing conditions and prepared reports, they will be provided to the Defendants.
Previously, the Plaintiff has conducted depositions of several key Del Webb employees relating to the original installation of copper pipes in Anthem and their subsequent failures. Plaintiff has set additional depositions of present and former employees of Del Webb. Those depositions will take place over the next month in accordance with the Case Management Order. In the meantime, Plaintiff is conducting other discovery related to failures and repairs.
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Court approved Notice of Class Action mailed February 1, 2010 to all Class Members.
To view click here