Wells Fargo Bank, N.A. v. Kaveh et al

Filing 126

ORDER granting 125 Stipulation to Correct Clerical Error and Amend Judgment Entered 3/31/2017; Signed by Chief Judge Gloria M. Navarro on 5/1/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:13-cv-01472-GMN-NJK Document 125 Filed 04/27/18 Page 1 of 4

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David Mincin, Esq.
Nevada Bar No. 5427
MINCIN LAW, PLLC
7465 W. Lake Mead Boulevard, #10
Las Vegas, Nevada 89128
[e-mail]
Phone: [phone]
Fax: NA
Attorney for Jocelyne Abrar
and JPA Investments, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WELLS FARGO BANK, N.A., a national
banking association,
Case No.: 2:13-CV-1472-GMN-NJK

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Plaintiff,

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vs.

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ALIREZA KAVEH, an individual; ALIREZA
KAVEH, as Trustee of the Alireza Kaveh
Family Trust; JPA INVESTMENTS, LLC, a
Nevada limited liability company, JOCELYNE
ABRAR, an individual; JOCELYNE ABRAR
as Trustee of The Jocelyne Abrar Trust; ALI
KAVEH aka Alireza Kaveh, Sr., an individual;
MOLOUK KAVEH; and MOLOUK KAVEH,
as Trustee of The Kaveh Family Trust,

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Defendants.
STIPULATION AND ORDER TO:

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I) CORRECT CLERICAL ERROR AND AMEND JUDGMENT ENTERED
MARCH 31, 2017;

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II) DISMISS SECOND AND THIRD CLAIMS FOR RELIEF

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Plaintiff, Wells Fargo Bank, N.A., by and through its counsel of record, Michael F.

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Lynch, Esq., of Lynch Law Practice, PLLC, and Defendants JPA Investments, LLC; Jocelyne

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Abrar; Jocelyne Abrar as Trustee of The Jocelyne Abrar Trust; Ali Kaveh aka Alireza Kaveh,

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Sr.; Molouk Kaveh and Molouk Kaveh as Trustee of The Kaveh Familly Trust dated July 31,

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1998 (“The Kaveh Family Trust”), and Alireza Kaveh, in Proper Person, stipulate and agree as

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follows.

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Page 1 of 4
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April 27, 2018 (8:46am)

Case 2:13-cv-01472-GMN-NJK Document 125 Filed 04/27/18 Page 2 of 4

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WHEREAS the Complaint on file identifies three separate loans held by Plaintiff

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Wells Fargo Bank, N.A., against three different Limited Liability Companies and properties

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and against different defendants identified therein (Document 1).

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WHEREAS the first claim for relief arises from a loan identified as the Craig 95 Loan
(Document 1).
WHEREAS the second claim for relief arises from a loan identified as the Frontier
Loan (Document 1).
WHEREAS the third claim for relief arises from a loan identified as the Alireza Loan
(Document 1).

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WHEREAS On April 8, 2016, partial summary judgment was entered against

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Defendants Alireza Kaveh, as an individual; Alireza Kaveh, as Trustee of the Alireza Kaveh

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Family Trust; JPA Investments, L.L.C.; Jocelyne Abrar, as an individual; and Jocelyne Abrar,

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as Trustee of the Jocelyne Abrar Trust relating to breaches the Craig 95 Loan (Document 69).

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WHEREAS Wells Fargo and the same Defendants identified in Document 69 then

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proceeded to prosecute a traditional deficiency hearing to determine fair market value on the

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date of the foreclosure of the underlying Craig 95 real property.

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WHEREAS on March 31, 2017 at the conclusion of the fair market value deficiency

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hearing the Court entered an Order which contained findings of fact and conclusions of law

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(Document 107) , and WHEREAS a Judgment was entered thereon on the same date

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(Document 108).

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WHEREAS in entering the Judgment on March 31, 2017 the clerk checked the box

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that identifies all “Defendants” rather than just those defendants who were parties to the Craig

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95 Loan.

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IT IS HEREBY STIPULATED AND AGREED that pursuant to FRCP 60 a mistake

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has occurred and to the extent Judgment (Document 108) includes Defendants Alireza Kaveh,

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Sr. Molouk Kaveh, and Molouk Kaveh Trust, this was the result of clerical error entitling the

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latter defendants to relief.

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April 27, 2018 (8:46am)

Case 2:13-cv-01472-GMN-NJK Document 125 Filed 04/27/18 Page 3 of 4

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IT IS HEREBY STIPULATED AND AGREED the Judgment entered March 31,

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2017 (Document 108) is corrected and clarified to delete and omit any reference to

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Defendants Alireza Kaveh, Sr. Molouk Kaveh, and Molouk Kaveh Trust and amended to state

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that it is entered only against Defendants Alireza Kaveh, as an individual; Alireza Kaveh, as

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Trustee of the Alireza Kaveh Family Trust; JPA Investments, L.L.C.; Jocelyne Abrar, as an

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individual; and Jocelyne Abrar, as Trustee of the Jocelyne Abrar Trust, jointly and severally.

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IT IS HEREBY FURTHER STIPULATED AND AGREED that the Second Cause

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of Action stated in the Complaint filed August 16, 2013 arising from the Frontier Loan, Note

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and Guaranty against Alireza Kaveh, Sr.; Molouk Kaveh and Molouk Kaveh as Trustee of

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The Kaveh Familly Trust dated July 31, 1998 (“The Kaveh Family Trust”) shall be and hereby

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is dismissed without prejudice, in its entirety, the parties to bear their own attorneys fees and

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costs as it relates to that claim.

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IT IS HEREBY FURTHER STIPULATED AND AGREED that the Third Cause

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of Action stated in the Complaint filed August 16, 2013 arising from the Alireza Loan, Note

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and Guaranty shall be and hereby is dismissed without prejudice, in its entirety, the parties to

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bear their own attorneys fees and costs as it relates to that claim.

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IT IS HEREBY FURTHER STIPULATED AND AGREED that this Stipulation

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and Order shall not effect or effectuate a settlement of the First Cause of Action stated in the

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Complaint filed August 16, 2013 arising from the Craig 95 Loan, Note and Guaranty or affect

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the Judgment as it is entered against Defendants Alireza Kaveh, as an individual; Alireza

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Kaveh, as Trustee of the Alireza Kaveh Family Trust; JPA Investments, L.L.C.; Jocelyne

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Abrar, as an individual; and Jocelyne Abrar, as Trustee of the Jocelyne Abrar Trust

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(Document 108).

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April 27, 2018 (8:46am)

Case 2:13-cv-01472-GMN-NJK Document 125 Filed 04/27/18 Page 4 of 4

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IT IS HEREBY FURTHER STIPULATED AND AGREED that Frontier

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Defendants waive any right under FRCP 41 or otherwise that the dismissal stated herein shall

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operate as an adjudication on the merits or as a bar to Plaintiff seeking relief in a newly filed

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action relating to the Frontier Loan or the Second Cause of Action.

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SO STIPULATED

SO STIPULATED

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DATED this 30th day of June, 2017.

DATED this 28th day of June, 2017.

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MINCIN LAW, PLLC

LYNCH LAW PRACTICE, PLLC

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By:

By:

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/s/ David Mincin
David Mincin, Esq.
State Bar No.5427
7465 W. Lake Mead Bvd., #!00
Las Vegas, Nevada 89128
Attorney For Jocelyne Abrar,
Ali Kaveh, Moluck Kaveh and
JPA Investments, LLC

/s/ Michael F. Lynch
Michael F. Lynch, Esq.
State Bar No. 8555
3613 S. Eastern Avenue
Las Vegas, Nevada 89169
Attorney for Plaintiffs

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IT IS SO ORDERED.
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DATED this _____ day of May, 2018.

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Gloria M. Navarro, Chief Judge
United States District Court

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April 27, 2018 (8:46am)