In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00299-CV
WATTS WATER TECHNOLOGIES, INC., AND WATTS REGULATOR CO.,
APPELLANTS
V.
TEXAS FARMERS INSURANCE CO., AS SUBROGEE OF BARRY HENTHORN,
APPELLEE
On Appeal from the 99th District Court
Lubbock County, Texas
Trial Court No. 2015-518,805, Honorable William C. Sowder, Presiding
January 12, 2017
ORDER OF ABATEMENT
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellants Watts Water Technologies, Inc., and Watts Regulator Co., and
appellee Texas Farmers Insurance Company as subrogee of Barry Henthorn have filed
a joint motion to abate this appeal. Appended to the joint motion is a copy of a
December 7, 2016 order of the United States District Court for the District of Nebraska,
issued in Sharp, et al. v. Watts Regulator Co., No. 8:16-cv-00200-JFB-TDT (D. Neb.).
The order grants preliminary approval of a class action settlement, provides for notice to
potential settlement class members, and sets a final fairness hearing for March 8, 2017.
According to the parties’ joint motion, the pending class action “involves the same kind
of alleged defects in the same kind of product at issue in this litigation, and involves
Watts [Regulator Co.] and Farmers as a potential claimant under the class settlement.”
The parties further state the federal district court’s order preliminarily approving the
class settlement in Sharp “enjoins matters such as the present case . . . .”
By their joint motion, the parties request this appeal be abated “pending final
approval of the class settlement and the finalization of this case’s settlement.” The
parties’ joint motion is granted. The appeal is abated until further order of the Court.
Appellants shall file a report on the status of the Sharp class action no later than May
15, 2017, and shall promptly inform the Court of any other event authorizing
reinstatement or dismissal of this appeal.
It is so ordered.
Per Curiam
2
Watts Water Technologies, Inc., and Watts Regulator Co. v. Texas Farmers Insurance Co., as Subrogee of Barry Henthorn
Combined Opinion