JPMorgan Chase Bank, N.A. v. KB Home Nevada Inc.
Opinion
Opinion
Defendants-Appellants KB Home Nevada; Coleman-Toll Ltd. Partnership; Par-dee Homes of Nevada; and Beazer Homes Holding Corp. (collectively, “Home Builders”); and Defendanf-Appellant Meritage Homes of Nevada (“Meritage”) appeal the district court’s order confirming a final arbitration award in favor of Plaintiff-Ap-pellee Focus South Group (“Focus”), and denying their motions to vacate and/or correct the award.
1. We GRANT (1) Focus’ motion to substitute Inspirada Builders as appellee, filed January 26, 2012; (2) the stipulation of partial dismissal, filed February 9, 2012; (3) Meritage’s request for judicial notice, filed January 20, 2012; (4) Home Builders’ motion for leave to file a response to Meritage’s reply brief, filed October 6, 2011; and (5) Meritage’s unopposed motion for an extension of time to file a response, filed October 12, 2011.
2. Judicial estoppel does not apply here. See New Hampshire v. Maine, 532 U.S. 742, 750-51 , 121 S.Ct. 1808 , 149 L.Ed.2d 968 (2001) (discussing factors relevant to the judicial estoppel analysis); Interstate Fire & Cas. Co. v. Underwriters at Lloyd’s London, 139 F.3d 1234, 1239 (9th Cir.1998) (restricting application of judicial…