Rugged Oaks Investment v. Nelson et al

Filing 43

ORDER Granting 42 Stipulation. The Court finds that a judgment of quiet title is in favor of Plaintiff as to the claims of quiet title in and between Plaintiff and the stipulating Defendant, LNV CORPORATION. Signed by Judge Andrew P. Gordon on 2/3/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00240-APG-CWH Document 42 Filed 01/29/16 Page 1 of 3

1 John P. Aldrich, Esq.
2 Nevada Bar No. 6877
Stephanie Cooper, Esq.
3 Nevada Bar No. 5919
ALDRICH LAW FIRM, LTD.
4 1601 S. Rainbow Blvd., Suite 160
Las Vegas, Nevada 89146
5 Tel: [phone]
6 Fax: [phone]
[e-mail]
7 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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11 RUGGED OAKS INVESTMENT, LLC,
Plaintiff,

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13 vs.

14 EILEEN NELSON; et al.,
Defendants.
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Case No.: 2:15-CV-00240-APG-CWH

STIPULATION AND ORDER

COMES NOW, Plaintiff RUGGED OAKS INVESTMENT, LLC, by and through its
attorney, Stephanie Cooper, Esq. of the Aldrich Law Firm, Ltd. and Defendant, LNV Corporation,
by and through its attorney, Kelly L. Schmitt, Esq., and stipulates and agree as follows:
That based on discovery performed in the above-captioned case, it has been determined that
the David Nelson which LNV Corporation has a judgment against is not the same David Nelson
that was identified in the above-captioned litigation as the former husband of Eileen Nelson who
owned the subject property prior to foreclosure. Accordingly, the judgment lien on file with the
Clark County Recorder’s Office as Book Number 20140404 Instrument Number 0000601 is not
against the subject property.
That Defendant LNV Corporation claims no present or future legal interest, either actual or
possessory, in the property located at 5771 Magini Avenue, Las Vegas, Nevada 89141 (APN: 17636-212-032).

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-1STIPULATION AND ORDER

Case 2:15-cv-00240-APG-CWH Document 42 Filed 01/29/16 Page 2 of 3

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The purpose of a quiet title action is to adjudicate adverse interests of the parties and as there

2 is no adverse interest between Plaintiff and this Defendant, the Complaint as between these parties
3 quiets the title in the name of Plaintiff as to any claims regarding the interest in the real property
4 with each party to bear their own fees and costs.
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This Defendant reserves all rights to apply for, receive or contest any and all excess

6 proceeds which are determined to be available or otherwise disbursed.
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IT IS SO STIPULATED.

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Dated this 29th day of January, 2016.

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ALDRICH LAW FIRM, LTD.

SYLVESTER & POLEDNAK, LTD.

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/s/ Stephanie Cooper_______________
12 John P. Aldrich, Esq.
Nevada Bar No. 6877
13 Stephanie Cooper, Esq.
Nevada Bar No. 5919
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1601 S. Rainbow Blvd., Suite 160
15 Las Vegas, Nevada 89146
Tel [phone]
16 Fax [phone]
Attorney for Plaintiff
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/s/ Kelly L. Schmitt__________________
Kelly L. Schmitt, Esq.
Nevada Bar No. 10387
1731 Village Center Circle
Las Vegas, Nevada 89134
Tel [phone]
Fax [phone]
Attorney for Defendant LNV Corporation

ORDER
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Having reviewed the foregoing Stipulation, the Court finds that a judgment of quiet title is in
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favor of Plaintiff as to the claims of quiet title in and between Plaintiff and the stipulating
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Defendant, LNV CORPORATION.
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IT IS SO ORDERED.
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Dated:this _____ day of January, 2016.
Dated February 3, 2016.

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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-2STIPULATION AND ORDER