Morris v. American Reliable Insurance Company et al

Filing 75

ORDER Granting 74 Motion to Dismiss. IT IS HEREBY ORDERED that the Complaint is DISMISSED pursuant to Federal Rule of CivilProcedure 41(a) and 74 the parties' Joint Motion. IT IS FURTHER ORDERED that pursuant to 28 U.S.C. § 1450 the state court shall RELEASE Plaintiff's funds to him. The Clerk of Court is instructed to close the case. Signed by Chief Judge Gloria M. Navarro on 9/8/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:14-cv-01998-GMN-CWH Document 74 Filed 08/31/16 Page 1 of 2

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Zachariah B. Parry, Esq.
Nevada Bar No.: 11677
PICKARD PARRY PFAU
10120 South Eastern Avenue, Suite 140
Henderson, Nevada 89052
702 910 4300 TEL
702 910 4303 FAX
[e-mail]
Attorneys for Plaintiff,
Robert Morris
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Robert Morris,

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***
Case No.: 2:14-cv-01998-GMN-CWH

Plaintiff,
vs.

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Ditech Financial LLC fka Green Tree Robert Morris’ and Defendant Ditech
Servicing, LLC, a Delaware limited Financial LLC fka Green Tree
liability company
Servicing, LLC’s Joint Motion to
Dismiss the Complaint With Prejudice
Defendant.
and to Release State Court Security
Deposits

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Plaintiff Robert Morris by and through his counsel of record, Zachariah B. Parry,

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Esq., of the law office of PICKARD PARRY PFAU and Defendant Ditech Financial

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LLC fka Green Tree Servicing, LLC (“Ditech”), by and through its counsel of record,

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Gregg A. Hubley, Esq., and Ramir M. Hernandez, Esq., of the law office of BROOKS

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HUBLEY, LLP do hereby submit their Joint Motion to Dismiss Plaintiff’s Complaint

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with Prejudice, each party to bear their own attorney’s fees and costs.

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Additionally, in compliance with a preliminary injunction issued in the Eighth

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Judicial District Court on October 10, 2013, Mr. Morris deposited security with the

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court of $3,500. In further compliance with the court order, Mr. Morris made

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regular monthly deposits with the court of $900 beginning November 1, 2013

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through the December 2, 2014 notice of removal.

Case 2:14-cv-01998-GMN-CWH Document 74 Filed 08/31/16 Page 2 of 2

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The Parties hereby stipulate and agree that these funds should be released in

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their entirety to Robert Morris.

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DATED this 31st day of August 2016.

P I C K A R D PA R R Y PFA U

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/s/ Zachariah B. Parry
Zachariah B. Parry, Esq.
Nevada Bar No.: 11677
10120 South Eastern Avenue, Suite 140
Henderson, Nevada 89052
702 910 4300 TEL
702 910 4303 FAX

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DATED this 31st day of August 2016.

B R O O K S H U B L E Y, L L P

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/s/ Ramir M. Hernandez
Gregg A. Hubley, Esq.
Nevada Bar No.: 7386
Ramir M. Hernandez, Esq.
Nevada Bar No.: 13146
1645 Village Center Circle, Suite 200
Las Vegas, Nevada 89i134
702 851 1191 TEL
702 851 1198 FAX

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ORDER

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IT IS HEREBY ORDERED that the Complaint is DISMISSED pursuant to Federal Rule of Civil
Procedure 41(a) and the parties’ Joint Motion, (ECF No. 74).
IT IS FURTHER ORDERED that pursuant to 28 U.S.C. § 1450 the state court shall RELEASE
Plaintiff’s funds to him.
The Clerk of Court is instructed to close the case.

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September
DATED this ____ day of ____________ 2016.

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FEDERAL COURT JUDGE
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_____________________________________________________________
S TI P ULATI O N A N D O R D E R FO R D IS M IS S A L