Albano

Albano v. Shea Homes Ltd. Partnership

Good Law
634 F.3d 524·2011 WL 339207·2011 U.S. App. LEXIS 6
United States Court of Appeals for the Ninth CircuitJanuary 3, 2011No. 09-15808California6,511 words

Opinion

Lead Opinion

ORDER

The Appellants’ petition for panel rehearing is premature because there has been no judgment. See Fed. R.App. P. 40(a)(1). Appellants’ petition for panel rehearing is construed as a motion to amend the certification order, and is GRANTED in part and DENIED in part.

The certification order of this court issued on January 3, 2011, is amended as follows: At slip opinion page 39, in the first full paragraph, the words “the motion to certify in” should be stricken from the sentence that begins, “The plaintiffs conclude .... ” The corrected sentence should read: “The plaintiffs conclude that the district court therefore erred in failing to toll the statute of repose during the entire pendency of the Hoffman litigation.”

*526 No further amendments shall be entertained.

ORDER

Alfred Albano and two other homeowners in a Gilbert, Arizona subdivision seek review of the district court’s judgment holding that their defective construction claims against the developer, Shea Homes Limited Partnership, are barred by the Arizona state statute of repose. The district court held that Arizona, as a matter of state law, would apply the tolling rule of American Pipe & Construction Co. v.…

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