Free Motion to Supplement - District Court of Arizona - Arizona

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Dan W. Goldfine (#018788) Richard G. Erickson (#019066) SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Street Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Facsimile: (602) 382-6070 [email protected] [email protected] Attorneys for Plaintiffs and Grant Woods, Esq. (#006106) GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Telephone: (602) 258-2599 Facsimile: (602) 258-5070 [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants

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Snell & Wilmer L.L.P.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, et al., Case No. CV-04-0384-PHX-ROS Plaintiffs, v. Ricky Lee Hancock, et al., Defendants. AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS Third Party Defendant, Scott Keeffe, seeks leave from the Court to supplement his Statement of Facts (Item # 412) in support of his Motion for Summary Judgment (Item # 411) on Rick and Brenda Hancock's Third Party Claim with a very recent decision from the Arizona Department of Real Estate ("DRE") addressing the same allegations, attached THIRD PARTY DEFENDANT SCOTT KEEFFE'S MOTION FOR LEAVE TO SUPPLEMENT HIS STATEMENT OF FACTS IN SUPPORT OF HIS SUMMARY JUDGMENT MOTION

Case 2:04-cv-00384-ROS

Document 502

Filed 06/21/2007

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

hereto as Exhibit 1. Good cause for leave exists1 because the DRE decision was not available at the time the Motion for Summary Judgment was filed, since the DRE did not make its decision until June 12, 2007 and was not provided to undersigned counsel until June 15, 2007. See Exhibit 1. In their Third Party claim, Rick and Brenda Hancock assert that Third Party Defendant Scott Keeffe, Meritage's designated broker in 2001, owed duties to them pursuant to the DRE Regulations and breached those duties by not sending the signed version of the Madrid contract in December 2001: There was a failure to disclose as was required by Real Estate Regulations R4-28-804 and R4-28-1101(A), (B), (C) and (D). The Counterclaim alleges these regulations were breached. See Rick and Brenda Hancock's Response to Motion to Dismiss Counterclaims and ThirdParty Claims at 14:25-27 (citing Counterclaim, p. 10, ¶¶ 83-87) (Item # 401). After Summary Judgment motions were filed, Rick and Brenda Hancock filed a complaint against Mr. Keeffe with the DRE, making the identical allegation, and the DRE "investigated and closed the complaint filed against [Mr. Keeffe] by Brenda & Rick K. Hancock." See Exhibit 1. The DRE's decision further supports the argument made by Third Party Defendant Keeffe that he neither owed nor breached a duty to Rick and Brenda Hancock. Accordingly, Meritage respectfully requests that the Court grant Third-Party Defendant Keeffe leave to supplement his Statement of Facts (Item # 412) in Support of //// /// // /

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Snell & Wilmer L.L.P.

Because Third Party Defendant Keeffe is seeking to supplement the Statement of Facts in support of his Motion for Summary Judgment, Federal Rule of Civil Procedure 56(c)'s language permitting supplementation as a matter of course does not apply.
Case 2:04-cv-00384-ROS Document 502- 2 - Filed 06/21/2007 Page 2 of 4

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

his Motion for Summary Judgment (Item # 411) with Exhibit 1. RESPECTFULLY SUBMITTED this 21st day of June, 2007. SNELL & WILMER L.L.P.

By s/ Dan W. Goldfine Dan W. Goldfine Richard G. Erickson Snell & Wilmer, L.L.P. One Arizona Center 400 E. Van Buren Street Phoenix, Arizona 85004-2202 Attorneys for Meritage and

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Case 2:04-cv-00384-ROS

Snell & Wilmer L.L.P.

By s/ Grant Woods Grant Woods, Esq. GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Attorneys for Meritage CERTIFICATE OF SERVICE I hereby certify that on June 21, 2007, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Ivan K. Mathew Mathew & Mathew, P.C. 3300 North Central Avenue, Suite 1730 Phoenix, Arizona 85012 Attorneys for Rick Hancock, Brenda Hancock, Rick Hancock Homes, L.L.C., and RLH Development, L.L.C. Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorneys for Greg Hancock

Document 502- 3 - Filed 06/21/2007

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Kenneth J. Sherk Timothy J. Burke Fennemore Craig, P.C. 3003 N. Central Ave. Suite 2600 Phoenix, AZ 85012-2913 Attorneys for Defendant Snell & Wilmer, L.L.P. in State Court Action s/ Jessica Araujo

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Case 2:04-cv-00384-ROS Document 502- 4 - Filed 06/21/2007 Page 4 of 4

Snell & Wilmer L.L.P.