1 || Gregory H. King Nevada Bar No. 7777 2 || [email protected] Matthew L. Durham 3 || Nevada Bar No. 10342 [email protected] 4 || KING & DURHAM PLLC 6385 S. Rainbow Blvd., Suite 220 5 || Las Vegas, Nevada 89118 Telephone: (702) 833-1100 6 || Facsimile: (702) 833-1107 7 || Attorneys for Defendant LENNAR RENO, LLC dba LENNAR HOMES 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 1]

12 || SALVADOR A. ONAS, II & HEATHER R. Case No.: 3:21-cv-00283-MMD-CLB ONEAL-ONAS; LATRICIA LORD; NICOLE |) PAPKE aka NICOLE VANVALKENBURG, | rypuy a TION AND ORDER TO STAY oye : 5 14 individually, as husband and wife, CASE PENDING ARBITRATION Ona oe BSE 15 Plaintiffs,

S16 v. 7 LENNAR RENO, LLC dba LENNAR HOMES; ROES 1-10; and DOES 1-10. 18 Defendants. 19 20 Plaintiffs Salvador A. Onas, III et al. (“Plaintiffs”) and Defendant Lennar Reno, LLC 21 || (‘Lennar Reno”) (collectively, the “Parties”), by and through their counsel of record, hereby 22 || stipulate and agree as follows: 23 RECITALS 24 A. Plaintiffs entered into purchase and sale agreements (“PSAs”) with Lennar Reno 25 || to purchase certain residences located in the Casa Bella at Damonte Ranch development in Reno, 26 || Nevada (the “Subject Properties”). 27 /// 28 || ///

] B. The PSAs set forth certain dispute-resolution procedures and requirements, 2 || including a requirement for claims regarding the Subject Properties to proceed to binding 3 || arbitration. 4 C. | Onor around September 21, 2020, Plaintiffs began forwarding notices of 5 || constructional defects to Lennar Reno regarding the Subject Properties. On May 18, 2021, 6 || Plaintiffs filed a complaint against Lennar Reno entitled Onas, et al., v. Lennar Reno LLC, et al., 7 || Washoe County, case no.: CV21-00932. 8 D. On June 24, 2021, Lennar Reno removed the Onas action to the U.S. District 9 || Court of Nevada (the “Court”), and it was assigned case number 3:21-cv-00283-MMD-CLB 10 || (ECF No. 1) (the “Litigation”). 11 E. Lennar Reno demanded that Plaintiffs arbitrate their claims regarding the Subject g 12 || Properties. 3 13 F. After meeting and conferring over the arbitration agreements, the posture of the 14 || Litigation, and the arbitration procedures and protocol that they believe are best for the efficient : 15 || arbitration and possible early resolution of the claims, the Parties agreed to arbitrate Plaintiffs’ 5 16 || claims regarding the Subject Properties pursuant to an Arbitration Protocol Agreement entered 17 || into by the Parties. 18 G. _ The Parties recognize that this action must be stayed pending the arbitration 19 || proceedings. The Federal Arbitration Act provides that courts “shall ... stay the trial of the action 20 || until such arbitration has been had.”

. Nevada’s Uniform Arbitration Act similarly 21 |} provides that, “[i]f the court orders arbitration, the court on just terms shall stay any judicial 22 || proceeding that involves a claim subject to the arbitration.” NRS 38.221(7). 23 H. The Parties further recognize that refusing to stay a case pending arbitration is a 24 || reversible error. See AJS Const., Inc. v. Pankopf, No. 60729,

, at *1 (Nev. Sept. 25 || 25, 2013) (district court was required to stay judicial proceeding pending arbitration; thus, order 26 || dismissing complaint was reversed); see also Moses H. Cone Mem’l Hosp. v. Mercury Constr. 27 || Corp.,

(U.S. 1983) (“[S]tate courts, as much as federal courts, are obliged to grant 28 || ///

] || stays of litigation under § 3 of the Arbitration Act.”); 6 C.J.S. Arbitration § 54 (“[T]he stay 2 || pursuant to the FAA is mandatory, and there is no discretion to deny it.”). 3 AGREEMENT 4 THEREFORE, the Parties hereby STIPULATE AND AGREE to the following: 5 1. The Litigation is to be stayed pending the outcome of the arbitration proceedings. 6 IT IS SO STIPULATED. 8 || DATED: September 20, 2021 MADDOX, SEGERBLOM AND CANEPA, LLP 10 By /s/ Eva G. Segerblom 11 Eva G. Segerblom Nevada Bar No. 10749 12 Ardea G. Canepa- Rotoli 99 Nevada Bar No. 12345 10403 Double R Blvd Reno, Nevada 89521 14 Attorneys for Plaintiffs

at ~ DATED: September 20, 2021 KING & DURHAM PLLC

17 18 By /s/ Gregory H. King 19 Gregory H. King Nevada Bar No. 7777 20 Matthew L. Durham Nevada Bar No. 10342 21 6385 S. Rainbow Blvd., Suite 220 Las Vegas, Nevada 89118 22 Tel. (702) 833-1100 23 Attorneys for Defendant 24 LENNAR RENO, LLC dba LENNAR HOMES 25 26 27 28

1 ORDER 2 The Court having reviewed the Parties’ Stipulation to Stay Case Pending Arbitration and 3 || good cause appearing, hereby ORDERS as follows: 4 1. The Parties’ Stipulation is approved; 5 2. The Plaintiffs shall arbitrate their claims against Lennar Reno concerming the Subject 6 Properties, and shall not litigate those claims in Court; and 7 3. This Litigation shall be stayed pending the outcome of the arbitration. 8 IT IS SO ORDERED. 10 || Dated: September 21, 2021 UNITED STATES DISTRICT JUDGE 1]

CO

15 5

17 18 19 20 21 22 23 24 25 26 27 28