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TOWNHOMES OWNERS ASS'N v. POINTE MEADOWS

No. 20120813-CA.

329 P.3d 815 (2014)

2014 UT App 52

The TOWNHOMES AT POINTE MEADOWS OWNERS ASSOCIATION, Plaintiff and Appellant, v. POINTE MEADOWS TOWNHOMES, LLC; American Housing Partners, Inc.; AHP-LEHI, LLC; Armando J. Alvarez; Sergio S. Alvarez; and Paula B. Alvarez, Defendants, Third-party Plaintiffs, and Appellees, v. Concrete Concrete, Inc.; Hadco Construction, LLC; Dynasty Group Realty, LLC; Dexcor, LLC; Shaun Hardy; Acadian Builders, Inc.; Worthington Construction, Inc.; Russell J. Clark; Mountain Lands Development, Inc.; Ralph Broderick Plumbing, LLC; Unlimited Siding and Raingutters, Inc.; Roof Design, LLC; Van Tassell Roofing, Inc.; Hearth and Home Distributors of Utah, LLC; Unique Plastering and Custom Exteriors, Inc.; and Advantage Management & Real Estate Services, LLC, Third-party Defendants and Appellees.

Court of Appeals of Utah.

March 6, 2014.

Attorney(s) appearing for the Case

A. Richard Vial , Michael B. Miller , Sandy, and Tyler S. Lamarr , for Appellant.

Dennis K. Poole , Salt Lake City, for Appellees.

Pointe Meadows Townhomes, LLC; American Housing Partners, Inc.; AHP-Lehi, LLC; Armando J. Alvarez ; Sergio S. Alvarez ; and Paula B. Alvarez , Brian J. Babcock and D. Scott DeGraffenried , Salt Lake City, for Appellee Concrete Concrete, Inc.

Lincoln Harris , Mark L. McCarty , and Zachary E. Peterson , Salt Lake City, for Appellee Hadco Construction, LLC.

Ryan P. Atkinson , Roger H. Bullock , and Byron G. Martin , Salt Lake City, Attorneys for Appellees Dynasty Group Realty, LLC and Dexcor, LLC.

Joseph E. Minnock , Allison S. Fletcher , and Stephen F. Edwards , Salt Lake City, Attorneys for Appellees Shaun Hardy; Russell J. Clark; Mountain Lands Development, Inc.; and Ralph Broderick Plumbing, LLC.

Shirl Don LeBaron , American Fork, Attorney for Appellee Acadian Builders, Inc.

John N. Braithwaite , Salt Lake City, Attorney for Appellee Worthington Construction, Inc.

John R. Lund and Nathan R. Skeen , Salt Lake City, Attorneys for Appellees Unlimited Siding and Raingutters, Inc. and Hearth and Home Distributors of Utah, LLC.

Matthew L. Anderson , Salt Lake City, Attorney for Appellee Roof Design, LLC.

Conrad H. Johansen , Salt Lake City, Attorney for Appellee Van Tassell Roofing, Inc.

Heinz J. Mahler , Salt Lake City, Attorney for Appellee Unique Plastering and Custom Exteriors, Inc.

Andrew M. Morse and Tsutomu L. Johnson , Salt Lake City, Attorneys for Appellee Advantage Management & Real Estate Services, LLC.

Judge MICHELE M. CHRISTIANSEN authored this Memorandum Decision, in which Judge JAMES Z. DAVIS and Senior Judge PAMELA T. GREENWOOD concurred.

Memorandum Decision

CHRISTIANSEN, Judge:

¶ 1 The Townhomes at Pointe Meadows Owners Association (the Association) challenges the district court's denial of the Association's motion to extend discovery deadlines, exclusion of the Association's untimely disclosed experts, and ultimate grant of summary judgment against the Association on all of its claims. We affirm.

¶ 2 This case arises from alleged defects in the construction of the Townhomes...

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