Free Motion for Leave to File - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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 d/b/a/ Meritage Homes Construction, Inc.; and Meritage Homes of Arizona, Inc., an Arizona Corporation, Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) Ricky Lee Hancock and Brenda ) Hancock, husband and wife; Gregory ) S. Hancock and Linda Hancock, ) husband and wife; Rick Hancock Homes ) LLC, an Arizona limited liability ) company; RLH Development, LLC, an ) Arizona limited liability company; and ) J2H2, LLC, an Arizona limited ) liability company, ) Defendants, ) and ) ) Greg Hancock, an individual, ) ) Defendant, Counter) Claimant and Third) Party Plaintiff, ) vs. ) ) Steven J. Hilton, an individual; John R. ) Landon, in individual; Larry W. Seay, ) an individual; and Snell & Wilmer, LLP, ) an Arizona professional ) corporation, ) Third-Party Defendants. ) )
Document 341-3

Case No. CV-04-0384-PHX-ROS

RULE 54(b) JUDGMENT ON LESS THAN ALL CLAIMS

Case 2:04-cv-00384-ROS

Filed 09/05/2006

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Pending before the Court is the motion of Greg Hancock for Rule 54(b) entry of judgment on less than all claims involving less than all parties. The Court is familiar with the entire record of the proceedings in this matter, and has considered the memoranda of the parties submitted in connection with the motion. The Court now finds that its Order of March 31, 2006, affirmed by its Order of August 26, 2006, resolved less than all claims asserted herein against less than all of the parties, and that there is no just reason why said Order dismissing Greg Hancock's counterclaims and third-party claims herein should not be made into a final judgment at this time. Greg Hancock's counterclaims and third-party claims, including breach of contract, breach of covenant of good faith and fair dealing, wrongful interference with contractual advantage, unjust enrichment, conversion, abuse of process, and malicious prosecution rest on facts substantially distinct, albeit somewhat intertwined, from the claims asserted by Meritage against Greg Hancock and Rick Hancock. Moreover, no claims except the aforementioned have yet been resolved. Accordingly, good cause appearing therefor; IT IS HEREBY ORDERED as follows: 1. The motions of plaintiffs and third-party defendants to dismiss Greg Hancock's counterclaims and third-party complaint (except for the claim for malicious prosecution against third-party defendant Snell & Wilmer) are hereby granted, and plaintiffs and thirdparty defendants are hereby awarded judgment against defendant Greg Hancock on said counterclaims and third-party claims. 2. There is no just reason for delay, and the Court expressly directs that this Judgment be entered at this time as a final judgment. DATED this ______ day of _________________, 2006.

_____________________________________ Roslyn O. Silver United States District Judge
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Case 2:04-cv-00384-ROS

Document 341-3

Filed 09/05/2006

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