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FISHBERG v. D.R. HORTON, INC.

No. CV-13-0240-PHX-NVW.

Gary Fishberg, et al., Plaintiffs, v. D.R. Horton, Inc., et al., Defendants.

United States District Court, D. Arizona.

May 23, 2013.

ORDER

AUDREY B. COLLINS, District Judge.

Before the Court is Defendants D.R. Horton, Inc. and Continental Homes, Inc.'s Motion to Dismiss Claims of Plaintiffs Allen, Aroz, Benallie, Carrington, Evans, Field, Oliver, Griego, Orenstein, Parker, Schenk, Sikora, and Smith Pursuant to the Statute of Repose, § 12-552 (Doc. 13).

To decide a motion to dismiss, "[a] court may consider evidence on which the complaint `necessarily relies' if: (1) the complaint...

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