Edwin Slaughter v. Uponor, Inc.

MEMORANDUM

Edwin Slaughter and several other homeowners (collectively, “Homeowners”) appeal the dismissal of their complaint with prejudice. Homeowners raise several issues on appeal. The facts are known to the parties and will not be recounted here.

I

First, Homeowners contend that the district court abused its discretion by imposing the condition of prejudice in its dismissal order. Federal Rule of Civil Procedure 41(a)(2) states: “[A]n action may be dismissed at the plaintiffs request only by court order, on terms that the court considers proper.”

Homeowners argue that state law requires the dismissal of this action without prejudice. See Nev.Rev.Stat. § 40.647(2) (“If a claimant commences an action without complying with [Chapter 40], the court shall: (a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action.... ”). It is unclear whether section 40.647(2) applies to this case. While the Homeowners did provide their contractors written notice of their construction defect claims, id. § 40.645(1), such notice was provided after the instant suit had been commenced. Moreover, it is not clear whether the…