"Dear Kitec Class Members" Selected Emails from Harrison, Kemp, Jones & Coulthard, LLP
Email, dated 21 Septenmber 2007
Dear Kitec Class Members:
The purpose of this email is to provide class members with an update on Class Counsel’s settlement conference with Pulte/Del Webb that occurred this morning before Judge Stewart Bell. In preparation for this morning’s settlement conference, Pulte provided Class Counsel with the total number of known Pulte homes in Clark County that were constructed with the defective Kitec plumbing system and the number of plumbing fixtures per home. Plumbing fixtures include such things as toilets (0.5 fixtures for the cold water supply line), sinks (1.0 fixture for hot and cold water supply lines), showers/tubs (1.0 fixture for cold and hot water supply lines), etc. The average home has between 10-12 plumbing fixtures. Class Counsel in turn provided this information to plumbing companies to complete a re-plumb repair cost analysis for all Pulte homes. The cost analysis is based upon (1) the total number of plumbing fixtures per Pulte model type and (2) the number of homes per Pulte model type.
At this morning’s settlement conference, Class Counsel provided Pulte with a written ‘Letter of Understanding’ for its review and approval. This ‘Letter of Understanding’ is based largely upon the results of the re-plumb repair cost analysis. Judge Bell set October 5, 2007, at 9:30 am for the next settlement conference, at which time it is Class Counsel’s hope that Pulte will agree to sign the ‘Letter of Understanding’ so that settlement terms may be finalized and scheduling of re-plumb repairs of all Pulte homes can go forward. If this occurs, Class Counsel will go before the Court for approval and provide ‘Notice of Preliminary Approval of Settlement’ to all Pulte homeowners. This Notice will be mailed to all affected Pulte homeowners and will include pertinent settlement information, including approved re-plumb methods of repair, warranties accompanying those repairs, and all other details of the proposed settlement.
Class Counsel will continue to keep class members informed on this issue, and on our on-going negotiations with other builders in the Kitec case. For more information on the Kitec Class Action, you may also visit www.plumbingdefect.com.
Very truly yours,
J. Randall Jones
James T. Burton
Harrison, Kemp, Jones & Coulthard, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
(702) 385-6000
(702) 385-6001 fax
j.burton@hkj-law.com
Email #1, dated 21 June 2007
Dear Kitec class members,
In an effort to communicate more quickly with Kitec class members, Class Counsel is compiling a Kitec Class Member email list. If you receive this email, it is because you have emailed or otherwise contacted Class Counsel. Should you wish to be removed from this list, please alert Class Counsel and your email address will be removed.
Additionally, if you have neighbors or friends who are also involved in the Kitec class action and who would like to be included on this email list, please have them contact Class Counsel so their addresses can be added to the list. Any address on this list is protected by the attorney-client privilege and will not be shared or otherwise published.
Should you have any questions, please feel free to contact Class Counsel.
Very truly yours,
J. Randall Jones, Esq.
James Burton, Esq.
Harrison, Kemp, Jones & Coulthard, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
(702) 385-6000
(702) 385-6001 fax
j.burton@hkj-law.com
Email #2, dated 21 June 2007
Dear Kitec class members,
The purpose of this email is to inform you of the Second Order to Show Cause hearing involving Pulte/Del Webb and its $7,800 offer to repair made to Sun City Anthem class members. The hearing will be held before Judge Timothy Williams on Monday, June 25th at 1:30 in Department 16 of the Eighth Judicial District Court, located on the 12th Floor of the Regional Justice Center, 200 Lewis Avenue (Las Vegas).
Class Counsel has asked the Court to order Pulte/Del Webb to extend its $7,800 offer to all Sun City Anthem residents that have Kitec plumbing systems. Class Counsel believes this is an appropriate request as Judge Williams has extended the acceptance/rejection period for Pulte’s $7,800 offer indefinitely. Furthermore, on March 15, 2007, Judge Williams invalidated the “General Release of Claim” form which Pulte required Anthem class members to execute.
All class members are allowed to attend the hearing. If you plan on attending please let us know in an e-mail as soon as possible as seating is extremely limited. If sufficient numbers of Anthem homeowners plan on attending we will request the Court hold Monday’s hearing at the Complex Litigation Center on South 6th Street, which has a much greater seating capacity. It is therefore important that you let us know immediately if you plan on attending.
Should you have any questions, please feel free to contact Class Counsel.
Very truly yours,
J. Randall Jones, Esq.
James T. Burton, Esq.
Harrison, Kemp, Jones & Coulthard, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
(702) 385-6000
(702) 385-6001 fax
j.burton@hkj-law.com
Email #4, dated 9 July 2007 [Email #3 not posted.]
Dear Kitec class members,
The purpose of this email is to provide an update on the June 25, 2007 Second Order to Show Cause hearing involving Pulte/Del Webb and its $7,800 offer to repair made to Sun City Anthem class members. In addition to other requests of the Court, Class Counsel had petitioned Judge Williams to order Pulte/Del Webb to extend its $7,800 offer to all Sun City Anthem residents that have Kitec. Judge Williams did not rule on Class Counsel’s specific request at the hearing, but did state that he would have a ruling on the Second Order to Show Cause within the next 30 days. At the conclusion of the hearing, Judge Williams ordered that Class Counsel and Pulte/Del Webb attend a mandatory settlement conference. This conference will be held on July 18, 2007, with Judge Allan Earl acting as the mediator. We hope this mandatory settlement conference will move the case forward for all Anthem homeowners.
PLEASE BE ADVISED, while we are advised that Pulte/Del Webb has not made offers to any of the other Pulte communities affected by the defective brass Kitec fittings (i,e., Summerlin, Aliante, Coventry, Anthem Country Club, etc.), Class Counsel is working diligently to achieve a resolution for all class members, not just those in Anthem.
Please feel free to contact Class Counsel should you have any questions.
Very truly yours,
J. Randall Jones, Esq.
James T. Burton, Esq.
Harrison, Kemp, Jones & Coulthard, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
(702) 385-6000
(702) 385-6001 fax
j.burton@hkj-law.com