648 Fed.Appx. 646 (9th Cir. 2016), 14-15168, Vested Housing Group, LLC v. Principal Real Estate Investors, LLC

Docket Nº:14-15168
Citation:648 Fed.Appx. 646
Party Name:VESTED HOUSING GROUP, LLC, an Arizona limited liability company; HENDERSON LOFTS DEVCO, LLC, an Arizona limited liability company, Plaintiffs - Appellants, v. PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company; HENDERSON APARTMENT VENTURE, LLC, a Delaware limited liability company; PRINCIPAL LIFE INSURANCE COMPANY, an ...
Attorney:For VESTED HOUSING GROUP, LLC, an Arizona limited liability company, HENDERSON LOFTS DEVCO, LLC, an Arizona limited liability company, Plaintiffs - Appellants: Christopher Kircher, Esquire, Attorney, Brownstein Hyatt Farber Schreck, LLP, Las Vegas, NV; Lawrence John Semenza, III, Esquire, Attorne...
Judge Panel:Before: TASHIMA and W. FLETCHER, Circuit Judges and BASTIAN,[**] District Judge.
Case Date:April 18, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 646

648 Fed.Appx. 646 (9th Cir. 2016)

VESTED HOUSING GROUP, LLC, an Arizona limited liability company; HENDERSON LOFTS DEVCO, LLC, an Arizona limited liability company, Plaintiffs - Appellants,

v.

PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company; HENDERSON APARTMENT VENTURE, LLC, a Delaware limited liability company; PRINCIPAL LIFE INSURANCE COMPANY, an Iowa corporation; PRINCIPAL U.S. PROPERTY SEPARATE ACCOUNT, an unknown business entity, Defendants - Appellees

No. 14-15168

United States Court of Appeals, Ninth Circuit

April 18, 2016

Argued and Submitted, February 12, 2016 San Francisco, California

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Nevada. DC No. CV 13-1643 RCJ. Robert Clive Jones, Senior District Judge, Presiding.

AFFIRMED.

For VESTED HOUSING GROUP, LLC, an Arizona limited liability company, HENDERSON LOFTS DEVCO, LLC, an Arizona limited liability company, Plaintiffs - Appellants: Christopher Kircher, Esquire, Attorney, Brownstein Hyatt Farber Schreck, LLP, Las Vegas, NV; Lawrence John Semenza, III, Esquire, Attorney, Semenza Kircher Rickard, Las Vegas, NV.

For PRINCIPAL REAL ESATE INVESTORS, LLC, a Delaware limited liability company, HENDERSON APARTMENT VENTURE, LLC, a Delaware limited liability company, PRINCIPAL LIFE INSURANCE COMPANY, an Iowa corporation, PRINCIPAL U.S. PROPERTY SEPARATE ACCOUNT, an unknown business entity, Defendants - Appellees: Chad Butterfield, Sheri M. Thome, Wilson Elser Moskowitz Edelman & Dicker, LLP, Las Vegas, NV.

Before: TASHIMA and W. FLETCHER, Circuit Judges and BASTIAN,[**] District Judge.

Page 647

MEMORANDUM [*]

Plaintiffs-Appellants Vested Housing Group, LLC (" VHG" ) and Henderson Lofts Devco, LLC (" HLD" ) appeal the district court's order granting Defendants-Appellees Principal Real Estate Investors, LLC (" PREI" ), Henderson Apartment Venture, LLC (" HAV" ), Principal Life Insurance Co. (" PLIC" ), and Principal U.S. Property Separate Account's (" PUSPSA" ) motion to dismiss. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

In June 2007, VHG entered into a contract with HAV, pursuant to which HLD (VHG's wholly owned subsidiary) would develop real property in Nevada. HAV agreed to purchase this property once development was complete. HAV also warranted in the agreement that it was a valid Iowa corporation and that it was authorized to enter into the...

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