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

Filing 208

ORDER granting 205 Stipulation to Vacate 169 and 204 Judgments and to Dismiss Action with Prejudice; Signed by Judge James C. Mahan on 12/22/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:12-cv-00452-JCM-GWF Document 207 Filed 12/21/17 Page 1 of 2

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BART K. LARSEN, ESQ.
Nevada Bar No. 8538
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendants

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DISTRICT OF NEVADA

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400 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
TEL: [phone] / FAX: [phone]

UNITED STATES DISTRICT COURT

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KOLESAR & LEATHAM

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***

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BRANCH BANKING AND TRUST
COMPANY, a North Carolina banking
corporation,

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CASE NO. 2:12-cv-00452-JCM-GWF

Plaintiff,
vs.
JONES/WINDMILL, LLC, a Nevada limited
liability company, YOEL INY; NOAM
SCHWARTZ; YOEL INY, Trustee of the Y&T
INY FAMILY TRUST dated June 8, 1994;
NOAM SCHWARTZ, Trustee of the NOAM
SCHWARTZ TRUST dated August 19, 1999;
D.M.S.I., L.L.C., a Nevada limited liability
company; and DOES 1 through 10, inclusive,

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Defendants.
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STIPULATED ORDER TO VACATE JUDGMENT
AND TO DISMISS ACTION WITH PREJUDICE

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Plaintiff BRANCH BANKING AND TRUST COMPANY (“BB&T” or “Plaintiff”), by

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and through its undersigned counsel of record, and Defendants JONES/WINDMILL, LLC,

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YOEL INY, NOAM SCHWARTZ, YOEL INY as Trustee of the Y&T INY FAMILY TRUST

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dated June 8, 1994, NOAM SCHWARTZ as Trustee of the NOAM SCHWARTZ TRUST dated

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August 19, 1999, and D.M.S.I., L.L.C. (collectively “Defendants”), by and through their

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2428155 (8237-11)

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Case 2:12-cv-00452-JCM-GWF Document 207 Filed 12/21/17 Page 2 of 2

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undersigned counsel of record, hereby stipulate and agree to the entry of this Stipulated Order by

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this Court providing as follows:

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1.

The Judgment entered in this action in favor of BB&T and against Defendants on

July 7, 2016 [ECF No. 169] in the amount of $908,900.07 is hereby vacated;

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2.

The Judgment entered in this action in favor of BB&T and against Defendants on

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December 15, 2017 [ECF No. 204] awarding BB&T attorney fees in the amount of $180,270.43

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is hereby vacated;

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3.

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prejudice; and

400 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
TEL: [phone] / FAX: [phone]

KOLESAR & LEATHAM

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All claims and counterclaims asserted in this action are hereby dismissed with

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The parties shall each bear their own attorney fees and costs incurred in

connection with this action.

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IT IS SO STIPULATED.

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DATED this 19th day of December, 2017.

DATED this 19th day of December, 2017.

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HOLLAND & HART LLP

KOLESAR & LEATHAM

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By

/s/
JEREMY J. NORK, ESQ.
FRANK Z. LAFORGE, ESQ.
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511

By

/s/
BART K. LARSEN, ESQ.
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Attorneys for Defendants

Attorneys for Plaintiff

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IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE

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December 22, 2017

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DATED:

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2428155 (8237-11)

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