Augusta Investment Management, LLC v. Grunstad et al

Filing 44

ORDER Granting 42 Stipulation of Dismissal without prejudice as Sables, LLC. Signed by Chief Judge Gloria M. Navarro on 5/5/16. (Copies have been distributed pursuant to the NEF - AR)

Case 2:15-cv-00125-GMN-NJK Document 42 Filed 05/04/16 Page 1 of 2

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John P. Aldrich, Esq.
Nevada Bar No. 6877
Stephanie Cooper, Esq.
Nevada Bar No. 5919

ALDRICH LAW FIRM, LTD.
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1601 S. Rainbow Blvd., Suite 160
Las Vegas, Nevada 89146
Tel [phone]
Fax [phone]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AUGUSTA INVESTMENT
MANAGEMENT, LLC,

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Case No.: 2:15-cv-00125-GMN-NJK

Plaintiff,

STIPULATION AND ORDER RE:
IN.JUNCTION AND DISMISSAL

VS.

SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, a federal government
agency; CARRINGTON MORTGAGE
SERVICES, LLC; SABLES LLC, DOES 1
through 20, inclusive; and ROE
CORPORATIONS 1through20, inclusive,
Defendants.

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COME NOW Plaintiff AUGUSTA INVESTMENT MANAGEMENT, LLC ("Plaintiff'),

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by and through its counsel of record, John P. Aldrich, Esq. and Stephanie Cooper, Esq. of the

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Aldrich Law Firm, Ltd., and Defendant SABLES, LLC, by and through its counsel of record,

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Benjamin Petiprin, Esq. and hereby file this Stipulation to be bound by the Injunction and to
voluntarily dismiss Defendant Sables, LLC.

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RECITALS
1.

On or about March 21, 2016, Plaintiff filed this instant lawsuit for inter alia quiet title

stemming from a purported purchase of 9164 Conquest Court, Las Vegas, NV (the subject

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"Property") through a homeowners association foreclosure against the foreclosure trustee for the first
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deed of trust, Sables, LLC.
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Case 2:15-cv-00125-GMN-NJK Document 42 Filed 05/04/16 Page 2 of 2

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2.

Sables, LLC represents that they will abide by the previous stipulation of Carrington

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Mortgage in this action [Dkt. 26] which was ordered through [Dkt. 27] on or about October 1, 2015

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which provided that the foreclosure of the first deed of trust was enjoined until further order of the

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court. Sables, LLC will withdraw the foreclosure mediation recording which was erroneously

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recorded in violation of the injunction on Carrington Mortgage's behalf after the injunction. Sables,

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LLC does not claim a property interest in 9164 Conquest Court other than as the foreclosure trustee.
Sables, LLC' s main duties involve foreclosing in a neutral fashion on behalf of secured creditors.

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As such, Sables, LLC hereby disclaims any interest in the subject Property.

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This Stipulation will be without prejudice to the extent that if Carrington Mortgage

is ultimately successful in quieting title to the subject Property and subsequently requests that Sables,

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LLC institute a subsequent foreclosure after the conclusion of this case and the injunction is lifted
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or a court order to the contrary is entered then Sables may contract as it wishes ..
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STIPULATION

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It is hereby STIPULATED that based on the foregoing, Sables, LLC is hereby DISMISSED
from this instant lawsuit without prejudice.

~

I~

Dated this~ day of ~2016.

Dated this \

/j3Gt

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Cl day of April, 2016.

Step n·e Coo r sq.
Nevada Bar No. 5919
1601 S. Rainbow Blvd Suite 160
Las Vegas, Nevada 89146
Attorney for Plaintiff

OF LES ZIEVE

Benjamin D. Petiprin, Esq.
Nevada Bar No. 11681
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Attorney for Defendant Sables, LLC

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ORDER

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IT IS SO ORDERED.

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Dated this __ day of April, 2016.

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Dated this ____ day of May, 2016.

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DISTRICT COURT JUDGE
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