GMAC Mortgage, LLC v. Nevada Association Services, Inc. et al

Filing 82

ORDER that Plaintiff's remaining claims for wrongful foreclosure, negligence, and negligence per se are DENIED as moot. Signed by Chief Judge Gloria M. Navarro on 3/28/2018., Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DITECH FINANCIAL, a Delaware Limited
Liability Company,

)
)
)
Plaintiff,
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vs.
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NEVADA ASSOCIATION SERVICES, INC., )
a Domestic Corporation; PECCOLE RANCH )
COMMUNITY ASSOCIATION, a Domestic )
Non-Profit Cooperative Corporation;
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KEYNOTE PROPERTIES, LLC ; and DOES )
25 though 10 Inclusive, and ROES 1 through )
10, inclusive,
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Defendants.
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______________________________________ )
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KEYNOTE PROPERTIES, LLC, a Nevada
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limited liability company,
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Defendant/Counterclaimant,
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vs.
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DITECH FINANCIAL, LLC a Delaware
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Limited Liability Company,
)
)
Plaintiff/Counterdefendant.
)
)

Case No.: 2:13-cv-01157-GMN-NJK
ORDER

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On March 27, 2018, the parties filed a Status Report, (ECF No. 81), pursuant to the

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Court’s Order, (ECF No. 80), stating that “the Parties agree that all claims pending in the

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current action have either been adjudicated or have been rendered moot.” (Status Report 2:8–9).

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However, the parties seek amendment of the Court’s Order as “[t]he Parties believe the

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Court intended to conclude that Keynote’s interest in the Property remains subject to the Deed

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of Trust.” (Id. 2:22–3:1). The Court agrees, as the Court’s Order ultimately holds that

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Plaintiff’s interest was not extinguished, rendering Keynote’s interest subject to Plaintiff’s.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s remaining claims for wrongful foreclosure,

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negligence, and negligence per se are DENIED as moot.

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The Clerk of Court shall close the case.

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28
DATED this ___ day of March, 2018.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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