LN Management LLC Series 7241 Brook Crest v. Jhun et al

Filing 71

ORDER Granting 70 Stipulation of Dismissal with prejudice. Signed by Judge Andrew P. Gordon on 5/5/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:14-cv-01936-APG-EJY Document 71 Filed 05/05/20 Page 1 of 3

1
2
3
4
5
6
7
8
9

Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Tanya N. Lewis, Esq.
Nevada Bar No. 8855
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Wells Fargo Bank, N.A.

10

UNITED STATES DISTRICT COURT

11

Snell & Wilmer

L.L.P.
LAW OFFICES
3 8 83 Howard Hug he s Parkway, Suite 11 0 0
Las Ve g as, Ne vada 89169
7 0 2 .7 8 4 .5 2 00

DISTRICT OF NEVADA
12
13

LN MANAGEMENT LLC SERIES 7241
BROOK CREST,

14

Plaintiff,

15

STIPULATION AND ORDER FOR
DISMISSAL OF WELLS FARGO BANK,
N.A. WITH PREJUDICE

vs.

16

Case No. 2:14-cv-01936-APG-EJY

BRANDON JHUN, an individual; ELSKE
VAN HEMERT, an individual; WELLS
FARGO BANK, N.A.; DEPARTMENT OF
THE TREASURY – INTERNAL
REVENUE SERVICE; ON CALL CASH,
LLC, a Nevada Limited Liability Company;
and DOES 1 through 10, inclusive,

17
18
19
20

Defendants.

21
22
Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff LN Management LLC

23
24
25
26

Series 5204 Painted Sands (“LN Management”), Defendant Wells Fargo Bank, N.A. (“Wells
Fargo”), and Defendant Internal Revenue Service (“IRS”)(collectively, the “Parties” 1), by and
through their respective counsel, agree that:

27
1

28

Defendants Jhun and Van Hemert were previously defaulted by this Court on May 19, 2014. Defendant
On Call Cash was previously defaulted by this Court on October 7, 2014.

Case 2:14-cv-01936-APG-EJY Document 71 Filed 05/05/20 Page 2 of 3

1

IT IS HEREBY STIPULATED AND AGREED that the Deed of Trust recorded as

2

instrument number 20090612-0005629 (the “Wells Fargo DOT”) in the official records of the

3

Clark County Recorder, is being quieted pursuant to a confidential settlement between LN

4

Management and Wells Fargo, and LN Management is paying Wells Fargo consideration that is

5

subject to a confidential settlement agreement. The Wells Fargo DOT is null and void and of no

6

further force or effect, and title is quieted in the name of LN Management LLC Series 7241

7

Brook Crest (“LN Management”) as to the property described in the Wells Fargo DOT as

8

follows:

9
10

Snell & Wilmer

L.L.P.
LAW OFFICES
3 8 83 Howard Hug he s Parkway, Suite 11 0 0
Las Ve g as, Ne vada 89169
7 0 2 .7 8 4 .5 2 00

11
12
13

APN: 125-15-313-002
PARCEL ONE (1):
Lot Nineteen 919) in Block Three (3) of Amended Plat of a Portion of Saltcreek, as shown
by map thereof on file in Book 92 of Plats, Page 20, in the Office of the County Recorder
in Clark County, Nevada.
PARCEL TWO (2):

16

A non-exclusive easement for ingress, egress, and enjoyment in and to the association
property as set forth in the Declaration of Covenants, Conditions, and Restrictions for
Saltcreek a common interest community, recorded December 16, 1999 in Book 991216 as
Document No. 00827, as the same may from time to time be amended and/or
supplemented in the Office of the County Recorder of Clark County, Nevada, which
easement is appurtenant to Parcel One (1).

17

IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and

18

Order, or the relief granted herein, shall be construed or deemed to alter, affect, limit, waive, or

19

restrict the rights of Wells Fargo (or any of its authorized agents, investors, affiliates,

20

predecessors, successors, and assigns) relating to the promissory note (the “Note”) described in

21

the Wells Fargo DOT and/or any mortgage related thereto.

14
15

22

LN Management and Wells Fargo further agree that this Stipulation and Order is in no

23

way intended to impair the rights of Wells Fargo (or any of its authorized agents, investors,

24

affiliates, predecessors, successors, and assigns) to pursue any and all remedies against the

25

Borrower(s), as defined in the Wells Fargo DOT and/or Note, that Wells Fargo (or any of its

26

authorized agents, investors, affiliates, predecessors, successors, and assigns) may have relating

27

to the Note, except the right to judicially or non-judicially foreclose/enforce the Wells Fargo DOT

28

against the property described in the Wells Fargo DOT.
-2-

Case 2:14-cv-01936-APG-EJY Document 71 Filed 05/05/20 Page 3 of 3

1
2

IT IS FURTHER STIPULATED AND AGREED that a copy of this Order may be
recorded with the Clark County Recorder.

3

IT IS FURTHER STIPULATED AND AGREED by the Parties that Wells Fargo shall

4

be dismissed from this action, and each and all of the claims, counter-claims, third-party claims,

5

and causes of action asserted herein against or by Wells Fargo, are dismissed, WITH

6

PREJUDICE.

7

IT IS FURTHER STIPULATED AND AGREED by the IRS that it consents to the

8

settlement between LN Management and Wells Fargo, that it has no claim against Wells Fargo in

9

this action, and the IRS further agrees that it will not attempt to dispute, clawback, render void, or

10

otherwise contest any settlement funds paid to Wells Fargo as part of this settlement.

Snell & Wilmer

L.L.P.
LAW OFFICES
3 8 83 Howard Hug he s Parkway, Suite 11 0 0
Las Ve g as, Ne vada 89169
7 0 2 .7 8 4 .5 2 00

11

IT IS FURTHER STIPULATED AND AGREED that the Parties shall bear their own

12

attorneys’ fees and costs associated with any claims asserted by or against Wells Fargo, and that

13

Wells Fargo shall not be responsible for the fees and costs incurred by any other party in this

14

litigation.

15

IT IS SO STIPULATED.

16

Dated this 5th day of May, 2020.

Dated this 5th day of May, 2020.

17

LAW OFFICES OF KERRY FAUGHNAN

SNELL & WILMER L.L.P.

20

By: /s/ Kerry P. Faughnan
Kerry P. Faughnan, Esq. (NV Bar No. 12204)
P.O. Box 335361
North Las Vegas, Nevada 89086

21

Attorney for Plaintiff

By: /s/ Tanya N. Lewis
Amy F. Sorenson, Esq. (NV Bar No. 12495)
Alex L. Fugazzi, Esq. (NV Bar No. 9022)
Tanya N. Lewis, Esq. (NV Bar No. 8855)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

18
19

22

Attorneys for Defendant Wells Fargo Bank,
N.A.

(electronic signature affixed with permission)

23
24
25

IT IS SO ORDERED.

26
27
28

______________________________
UNITED STATES DISTRICT JUDGE
Dated: May 5, 2020.
-3-