Quantal beta1 suffers from this bug as well.
I do not think, it is caused by kernel, it is rather upstart shutdown scripts.
Some daemons are not properly stopped before the call of
/etc/init.d/umountroot. E.g. dhclient has a file open for writing in /var.

 I tested fresh quantal beta1 with the following kernel
3.6.0-030600rc5-generic #201209082035 SMP Sun Sep 9 00:42:37 UTC 2012 i686 i686 
i686 GNU/Linux
The only peculiarity is root on LVM.

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https://bugs.launchpad.net/bugs/1044640

Title:
  Failure to umount root file system at shutdown

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