Branch Banking and Trust Company vs Jones/Windmill, LLC, et al.

Filing 165

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the parties' 138 Stipulation to Facts Regarding the Sale Price Garnered at the Trustee's Sale be, and the same hereby is, DENIED as moot. Signed by Judge James C. Mahan on 02/09/2016. (Copies have been distributed pursuant to the NEF - NEV)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 BRANCH BANKING AND TRUST COMPANY, ORDER Plaintiff(s), 9 10 11 v. JONES/WINDMILL, LLC, et al., Defendant(s). 12 13 Case No. 2:12-CV-452 JCM (GWF) Presently before the court is plaintiff Branch Banking and Trust Company and defendants 14 Jones/Windmill, LLC, et al.’s stipulation to facts regarding the sale price garnered at the trustee’s 15 sale. (Doc. # 138). 16 The parties stipulate to the fact that the real property that is the subject of this litigation 17 was sold at a non-judicial trustee’s sale to the plaintiff for a credit bid in the amount of $296,000. 18 The parties did not include an order with the stipulation, so it was not granted. Since filing the 19 stipulation, the parties have each submitted documents indicating that they agree to the foregoing 20 21 facts regarding the trustee’s sale. (See, e.g., doc. ## 162, 163). The parties also attended an evidentiary hearing conducted by Judge Foley in which there was no dispute about the trustee’s sale facts. (See doc. ## 156, 159). The stipulation is thus moot. 22 Accordingly, 23 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the parties’ stipulation 24 to facts regarding the sale price garnered at the trustee’s sale (doc. # 138) be, and the same hereby 25 is, DENIED as moot. 26 DATED February 9, 2016. 27 28 James C. Mahan U.S. District Judge _____________________________ _ __ _ __________________________________________ UN ED UNITED STATES DISTRICT JUDGE ED JUD UNITED

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