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  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview
  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview
  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview
  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview
  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview
  • Dallas Johns vs. Centex Homes / COMPLEX10 Unlimited - Construction Defect document preview 
						
                                
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                                Q      JAMS        ‘9


                                                                                                               April  19,  2019




                  Superior Court of Fresno County
                  B.F.  Sisk Court    1130   O Street
                  Fresno,   CA 93724-0002                                                 RECEIVED
                                                                                          5/2/2019 12:30 PM
                                                                                          FRESNO COUNTY SUPERIOR COURT
                       RE:    Dallas,   Johns,   et al. vs Centex   Homes,    et al.
                                                                                          By: I. Herrera, Deputy
                              JAMS Reference N0.          1100105575
                              Case # 16CECG01799

                  Dear Clerk of the Court:

                  Enclosed please find the original        [PROPOSED]         CASE     MANAGEMENT ORDER N0.                     1,
                  signed and submitted      by Bruce Edwards.

                  Please route the enclosed to the appropriate Judge for review and signature.


                  I have provided     an additional   copy and would ask      that  an endorsed copy be returned to       me in the
                  enclosed stamped self—addressed envelope.


                  If you  have any questions, please contact        me at 41 5-774-2667.       Thank you    for your assistance.


                                                                                 Sincerely,


                                                                                 David Castillo
                                                                                 Case Manager      t0 Bruce Edwards




                  Copy   to:  A11  counsel via Email
                                                                 o      JAMS        o
                                                                                                               Apri119,2019

                  Superior Court of Fresno County
                  Department 501
                  B.F.  Sisk Coufl 1130      O Street
                  Fresno,  CA 93724-0002


                           RE:   Dallas, Johns,     et al. vs Centex   Homes,    et al.
                           Court Case No.      1 6ECG01 799
                           JAMS Reference No.         1100105575



                  Dear Judge Jeffi'ey Y.      Hamilton:


                  As you know,      Ihave been appointed       Special Master and Mediator by stipulation 0fthe parties in
                  the above captioned matter.        I’m  writing at the request of plaintiffs     and defendants to vacate the
                  current tn‘al setting of October 21, 2019, to allow us a chance to work toward settlement ofthis
                  case.


                  This action,  commenced by the owners of eleven            single family   homes, involves     allegations of
                  constructional defects against the developer/general           contractor responsible for building these
                 homes.    The defendant builder, Centex Homes, filed             itanswer and cross compliant on February
                 13  ,
                      201 9.


                 As  predictably happens in these cases, the general contractor builder in turn, files a cross
                  complaint against the subcontractors         and material   suppliers whose work      is potentially implicated
                 by  plaintiffs’  claims.  Herein,   Centex cross compliant       against 30   subcontractors went out to
                  service 011 March    11, 2019.   To date, only one third party defendant has appeared.

                 As is my custom and practice in these constructional defect cases,              Ihave prepared a Case
                 Management Order No.          1 which was sent to the court for review and signature earlier this month.
                 In that Order,   I organize the parties’    efforts to exchange documents,        conduct inspections and
                 engage in an expert exchange.         I, then schedule mediation and supervise settlement discussions
                 hopefillly leading t0 settlement.        Typically, this process takes 9-12 months once          all parties  have
                 appeared.


                 My current recommendation is to vacate the trial date and set a Case Management Conference
                 toward the end of summer.         I can provide an updated status‘report prior to that and future          case
                 management conferences, including           a recommendation regarding a         new tfial    date.
                                                                                    o®
                                                                  Cetus
                  If you  would   like to discuss this request directly     p ease contact my      assistant  David   Castillo at
                  415-774-2667      and arrange a time for us      to talk. As  always,   I appreciate the opportunity to assist
                  the Fresno County Supen'or Court.




                                                                                 Very Truly Yours,




                                                                             @gfléBruce A.   Edwards



                  Copy   to:  A11  counsel via Email