Horne v. Everbank et al

Filing 34

ORDER DISMISSING CASE without prejudice re 33 STIPULATION for Dismissal. Signed by Judge Richard F. Boulware, II on 7/13/15. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 5 6 Robert B. Noggle, Esq. Nevada Bar No.: 11427 Paul R.M. Cullen, Esq. Nevada Bar No.: 12355 NOGGLE LAW PLLC 376 East Warm Springs Rd., Ste. 140 Las Vegas, Nevada 89119 Ph.: 702-450-6300 | Fax: 702-642-9766 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 PETER HORNE INVESTMENTS, 10 11 DBA HALO REALTY CASE NO.: 2:14-CV-00826-RFB-PAL Plaintiff, vs. 12 13 EVERBANK; QUALITY LOAN SERVICE CORPORATION; SUE ELLEN SMITH, 14 Defendants. 15 STIPULATION AND ORDER 16 17 18 // 19 20 21 // 22 23 // 24 25 // 26 27 28 // - 1 - 1 IT IS HEREBY STIPULATED between plaintiff, Peter Horne dba Halo Realty Investments 2 (“Plaintiff”), by and through its counsel of record, Paul R.M. Cullen, Esq. of NOGGLE LAW PLLC, 3 and defendant, Quality Loan Servicing Corporation, (“QLS”) by and through its counsel of record, 4 Gary S. Fink, Esq. of MCCARTHY & HOLTHUS, LLP that this case may be dismissed without 5 6 7 prejudice as to QLS pursuant to the stipulation for non-monetary relief filed as Document 22 herein, with each party to bear its own attorney’s fees and costs. 8 IT IS FURTHER STIPULATED that QLS does not claim any interest in this property and 9 agrees to be bound by whatever order is issued by a Court of competent jurisdiction relating to the 10 Deed of Trust, and shall not be subject to any monetary awards for damages, attorney’s fees or costs. 11 12 Both parties agree to bare their own costs as related to each other. 13 NOGGLE LAW PLLC MCCARTY HOLTHUS, LLP 14 By: /s/ Paul R.M. Cullen, Esq. / Robert B. Noggle, Esq. Paul R.M. Cullen, Esq. 376 East Warm Springs Road, Ste. 140 Las Vegas, Nevada 89119 Attorneys for Plaintiff By: /s/ Gary S. Fink, Esq. / Gary S. Fink, Esq. Kristin A. Schuler-Hintz, Esq. 9510 W. Sahara Ave., Suite 200 Las Vegas, Nevada 89117 Attorneys for Quality Loan Service Corporation 15 16 17 18 IT IS SO ORDERED this _____ day of July, 2015. 13th 19 20 21 22 Respectfully submitted by: 23 ____________________________________ __________________________ UNITED STATES MAGISTRATE JUDGE RICHARD F. BOULWARE, II United States District Judge NOGGLE LAW PLLC 24 25 26 27 28 By: /s/ Paul R.M. Cullen, Esq. / Robert B. Noggle, Esq. Paul R.M. Cullen, Esq. 376 E. Warm Springs Road, Ste. 140 Las Vegas, NV 89119 Attorneys for Plaintiff - 2 -

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