Free Reply to Response to Motion - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Case No. CV-04-0384-PHX-ROS Hancock-MTH Builders, Inc., an Arizona corporation, Hancock-MTH Communities, Inc., an PROPOSED ORDER RE Arizona corporation, and currently d/b/a Meritage MERITAGE'S MOTION TO Homes Construction, Inc., an Arizona corporation, STRIKE DISCRETE PORTIONS and Meritage Homes of Arizona, Inc., an Arizona OF GREG HANCOCK'S corporation, RESPONSE TO AND LIST OF CONTROVERTED FACTS WITH Plaintiffs, RESPECT TO (1) MERITAGE'S MOTION FOR PARTIAL v. SUMMARY JUDGMENT, AND (2) COUNTERDEFENDANTS' AND Ricky Lee Hancock and Brenda Hancock, THIRD-PARTY DEFENDANTS' husband and wife; Gregory S. Hancock and MOTION FOR SUMMARY Linda Hancock, husband and wife, Rick JUDGMENT ON RICK AND Hancock Homes L.L.C., an Arizona limited BRENDA HANCOCKS' liability company; RLH Development, L.L.C., COUNTER-CLAIMS AND THIRDan Arizona limited liability company; and J2H2, PARTY CLAIMS L.L.C., an Arizona limited liability company, Defendants. (Assigned to the Honorable Roslyn O. Silver)

Rick and Brenda Hancock, Defendants, Counter-Claimants, and Third Party Plaintiffs, v. Meritage Homes Corporation, a Maryland Corporation, formerly d/b/a Meritage Corporation, Hancock-MTH Builders, Inc., an Arizona Corporation, Hancock-MTH Communities, Inc., an Arizona Corporation, an Arizona Corporation; and currently d/b/a Meritage Homes Construction, Inc., an Arizona Corporation, and Meritage Homes of Arizona, Inc., an Arizona Corporation; Steven J. Hilton

Case 2:04-cv-00384-ROS

Document 458-2

Filed 03/19/2007

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and Suzanne Hilton, husband and wife; John R. Landon and Debi Landon, husband and wife; Scott Keeffe and Vicky Keeffe, husband and wife; Roger Zetah and Jane Doe Zetah, husband and wife; and James Arneson and Zane Arneson, husband and wife, Third Party Defendants. Having considered the Motion to Strike discrete portions of Greg Hancock's Response to and List of Controverted Facts with respect to (1) Meritage's Motion for Partial Summary Judgment, and (2) Counterdefendants' and Third-Party Defendants' Motion for Summary Judgment on Rick and Brenda Hancocks' Counter-Claims and Third-Party Claims and Greg Hancock's failure to respond to the Motion in a manner consistent with the Federal Rules of Civil Procedure, the Local Rules of this District, Ninth Circuit precedent, and previous rulings of this Court. IT IS ORDERED that following is stricken: I. FROM GREG HANCOCK'S RESPONSE TO MERITAGE'S MOTION FOR PARTIAL SUMMARY JUDGMENT: 1. 2. 3. 4. II. Greg Hancock's Response at 2:7-12. Greg Hancock's Response at 2:15-16. Greg Hancock's Response at 2:24-26. Greg Hancock's Response at 3:1.

FROM GREG HANCOCK'S LIST OF CONTROVERED FACTS ("CSOF") 5. 6. 7. 8. 9. 10. 11. 12. Greg Hancock's CSOF at ¶ 6. Greg Hancock's CSOF at ¶ 8. Greg Hancock's CSOF at ¶ 9. Greg Hancock's CSOF at ¶ 10. Greg Hancock's CSOF at ¶ 11. Greg Hancock's CSOF at ¶ 14. Greg Hancock's CSOF at ¶ 15. Greg Hancock's CSOF at ¶ 25.
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13. 14. 15.

Greg Hancock's CSOF at ¶ 26. Greg Hancock's CSOF at ¶ 27. Greg Hancock's CSOF at ¶ 28.

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