JP Morgan Chase Bank, N.A. v. Meritage Homes of Nevada, Inc. et al

Filing 44

ORDER DISMISSING CASE re 43 Stipulation to Dismiss Chase Bank, N.A.'s Complaint without prejudice. Signed by Judge Philip M. Pro on 1/23/12. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:09-cv-01547-PMP-RJJ Document 43-1

Filed 01/23/12 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JPMorgan Chase Bank, N.A.,

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Case Nos.:
Case No. 2:09-cv-01547
Case No. 2:08-cv-01717

Plaintiff,
v.
Meritage Homes Corp. and Meritage Homes of
Nevada, Inc.

ORDER DISMISSING JPMORGAN
CHASE BANK, N.A.’S COMPLAINT

Defendants.

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The Court has reviewed and approved the Joint Stipulation entered on January 23, 2012

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by and between Plaintiff JPMorgan Chase Bank, N.A. in its capacity as Administrative Agent

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(“JPMorgan”) on the one hand and Defendants Meritage Homes Corp. and Meritage Homes of

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Nevada, Inc. (together, “Meritage”) on the other.

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IT IS HEREBY ORDERED THAT:

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1.

The claims of JPMorgan in the case captioned JPMorgan Chase Bank, N.A. v.

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Meritage Homes Corp. and Meritage Homes of Nevada, Inc., Case No. 2:09-cv-01547 against

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Meritage are hereby dismissed without prejudice pursuant to Rule 41(a)(1)(ii).

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2.

The claims of JPMorgan in the case captioned JPMorgan Chase Bank, N.A. v

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Meritage Homes Corp. and Meritage Homes of Nevada, Inc., Case No. 2:08-cv-01717 against

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Meritage are hereby dismissed without prejudice pursuant to Rule 41(a)(1)(ii).

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3.

Each party shall bear its own attorneys’ fees and costs.

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ORDER OF DISMISSAL

Case 2:09-cv-01547-PMP-RJJ Document 43-1

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4.

Filed 01/23/12 Page 2 of 2

Dismissal of JPMorgan’s claims SHALL NOT affect Meritage’s third party

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complaint against Focus and that complaint shall remain pending for the purpose of final

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resolution of the issues relating to the arbitration award that are currently on appeal to the Ninth

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Circuit Court of Appeals.

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IT IS SO ORDERED
January 23, 2012.
DATED

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Hon. Philip M. Pro
6625685

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ORDER OF DISMISSAL