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

Filing 136

ORDER granting 132 Stipulation; Signed by Chief Judge Gloria M. Navarro on 12/12/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:13-cv-01472-GMN-NJK Document 132 Filed 12/11/18 Page 1 of 3

LYNCH LAW PRACTICE, PLLC

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Michael F. Lynch, Esq. (NVB 8555)
3613 S. Eastern Ave., Las Vegas, Nevada 89169
[phone] I [phone] (fax)
[e-mail]
Attorney for Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WELLS FARGO BA
NK, N.A., a national
banking association,
Plaintiff,
vs.
ALIREZA KAVEH, an individual; ALIREZA
KAVEH, as Trustee of the Alireza Kaveh
Family Trust; JPA INVESTME
NTS, 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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Case No.: 2:13-cv-1472
STIPULATED PROPOSED
ORDER TO AMEND THE CLERK'S
AMENDED JUDGMENT AT ECF NO. 131

Defendants.
Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") by and through its undersigned counsel on the
one hand, and Defendants Alireza Kaveh, as an individual; Alireza Kaveh, as Trustee of the Alireza
Kaveh Family Trust; JPA Investments, L.L.C.; Jocelyne Abrar, as an individual; and Jocelyne Abrar,
as Trustee of the Jocelyne Abrar Trust (collectively, the "Judgment Debtors"), by and through their
undersigned counsel on the other hand, hereby stipulate and agree as follows:
1.

This matter involves Wells Fargo's post-foreclosure deficiency action (ECF No. 1). On

April 8, 2016, the Court granted Wells Fargo's Motion for Partial Summary Judgment on liability and
the amount of indebtedness owing to Plaintiff as of the date of the foreclosure. The Court also set a
hearing to determine the fair market value of the property at the time of the foreclosure sale. (see Order,
ECF No. 69).
2.

On March 31, 2017, after the fair market valuation hearing and post-trial briefing and

motions, the Court entered its Order (ECF No. 107), in which the COUli concluded, in relevant part:
IT IS HEREBY ORDERED that the fair market value of the
Property at the time of the foreclosure sale is set at$4,020,000.00.
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Case 2:13-cv-01472-GMN-NJK Document 132 Filed 12/11/18 Page 2 of 3

IT IS FURTHER ORDERED that the Clerk shall enter a final

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deficiency judgment in favor of Wells Fargo and in the amount of
$6,640,838.65, with interest accruing at a rate of 9.5% per annum,
beginning on March 26,2015, and continuing until paid in full.

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3.

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IT IS ORDERED AND ADJUDGED

that judgment is hereby entered in favor of plaintiff against
defendants in the amount of$6,640,838;65 pursuant to Order #107.

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Judgment at ECF No. 108.

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4.

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Counsel for both the Plaintiff and the Defendants stipulated to amend the Clerk's

Judgment to clarify that the Judgment was not entered against the following, non-Judgment Debtor
defendants: ALI KA VEHI aka Alireza Kaveh, Sr., an individual; MOLOUK KAVEH; and MOLOUK
KAVEH, as Trustee of The Kaveh Family Trust. (ECF No. 125).

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The Clerk of Court promptly entered Judgment as follows:

5.

On May 1, 2018 the Court entered an Order granting the parties' stipulation (ECF No.

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The Clerk recently entered an Amended Judgment on ECFNo.131 on December 7, 2018,

126).

the Clerk entered its Amended Judgment to specifically name each Judgment Debtors and omitting the
other defendants as set forth herein at n 4, 5, 9. See ECF No. 131.
7.

The Clerk's Amended Judgment (ECF No.

131 ), however, does not reflect the entire

order of the court, as it does not include the contractual interest rate awarded in the COUli's Order (ECF
No. 107).
8.

Specifically, the Clerk's Amended Judgment at ECF No. 131 omits the portion of the

COUli's order that enters judgment in "the amount of$6,640,838.65, with interest accruing at a rate of
9.5% per annum, beginning on 'March 26, 2015, and continuing until paid in full." Compare ECF No.
107 and ECFNo. 13l.
9.

The Amended Judgment ciarifies the names of the Judgment Debtors, it makes no

provision for the contractual interest rate as ordered by this Court at ECF No.1 07. See 11' 8 above.

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1 Ali Kaveh (aka Alireza Kaveh Sr.) is not a judgment debtor. His son, "Alireza Kaveh [individually
28 and as Trustee]" is a Judgment Debtor. The father was named and referred to at all times in this case
as Ali Kaveh aka Alireza Kaveh Sr., and the son was named referred to at all times in this case as
Alireza Kaveh,both individually and as the Trustee of the Alireza Kaveh Family Trust.
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Case 2:13-cv-01472-GMN-NJK Document 132 Filed 12/11/18 Page 3 of 3

10.

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For the foregoing reasons, the parties stipulate, agree and request that the Clerk's

2 Amended Judgment (ECF No. 131) should be amended as follows:
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that judgment is hereby entered in favor of
plaintiff against Defendants Alireza Kaveh, as
an individual; Alireza Kaveh, as Trustee of the
Alireza Kaveh Family Trust; JPA Investments,
L.L.C.; Jocelyne Abrar, as an individual; and
Jocelyne Abrar, as Trustee of the Jocelyne
Abrar Trust, jointly and severally in the
amount of$6,640,838.65

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MIchael F. Lynch
Nevada Bar No. 8555
3613 S. Eastern Avenue
Las Vegas, Nevada 89169
Attorney for Plaintiff

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IT IS ORDERED AND ADJUDGED

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The Amended Judgment at ECF No. 131 should be
further amended to state:

The Clerk's Amended Judgment (ECF No.
131) currently states:

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that judgment is hereby entered in favor of plaintiff
against Defendants Alireza Kaveh, as an individual;
Alireza Kaveh, as Trustee of the Alireza Kaveh
Family Trust; JPA Investments, L.L.C.; Jocelyne
Abrar, as an individual; and Jocelyne Abrar, as
Trustee of the Jocelyne Abrar Trust, jointly and
severally in the amount of$6,640,838.65, with
interest accruing at a rate of 9.5% per annum,
beginning on March 26, 2015, and continuing until
paid in full.
MINCIN LAW, PLLC

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David Mi�cin, Esq.
State Bar No. 5427
7465 W. Rake Mead Boulevard, #100
Las Vega�, Nevada 89128
Attorney for Defendants
ORDER

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IT IS HEREBY ORDERED that the foregoing stipulation is GRANTED; and

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IT IS FURTHER ORDERED that the Clerk of Court shall amend the Amended

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that judgment is hereby entered in favor of plaintiff against Defendants Alireza Kaveh, as
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an individual; Alireza Kaveh, as Trustee of the Alireza Kaveh Family Trust; JPA
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Investments, L.L.C.; Jocelyne Abrar, as an individual; and Jocelyne Abrar, as Trustee of
the Jocelyne Abrar Trust, jointly and severally in the amount of $6,640,838.65, with
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interest accruing at a rate of 9.5% per annum, beginning on March 26, 2015, and
continuing until paid in full.
IT IS SO ORDERED.

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DATED this _____ day of December, 2018.

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IT IS ORDERED AND ADJUDGED

Gloria M. Navarro, Chief Judge
United States District Court
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