Green Tree Servicing LLC v. Las Vegas Rental & Repair LLC et al

Filing 110

ORDER granting 109 Stipulation of Dismissal of Monetary Claims against Ditech; Signed by Judge Jennifer A. Dorsey on 1/30/2020. (Copies have been distributed pursuant to the NEF - JM)

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SAO
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff/Counterclaim Defendant
GREEN TREE SERVICING LLC, now
known as Ditech Financial LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREEN TREE SERVICING LLC,

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Plaintiff,

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LAS VEGAS RENTAL & REPAIR LLC SERIES
73; MONACO LANDSCAPE MAINTENANCE
ASSOCIATION,
Defendants.
LAS VEGAS RENTAL & REPAIR LLC SERIES
73, a Nevada Limited Liability Company,
Counterclaim Plaintiff,

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v.
GREEN TREE SERVICING LLC; DOE
INDIVIDUALS 1 through 10, inclusive; ROE
CORPORATIONS 1 through 10, inclusive,
Counterclaim Defendants.

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STIPULATION AND ORDER TO
DISMISS MONETARY CLAIMS
AGAINST DITECH

v.

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CASE NO. 2:15-cv-00537-JAD-PAL

LAS VEGAS RENTAL & REPAIR LLC
SERIES 73, a Nevada Limited Liability
Company,
Third Party Plaintiff,
v.
ANAMARIE I. DUMITRESCU, an individual;
DOE INDIVIDUALS 1 through 10, inclusive; ROE
CORPORATIONS 1 through 10, inclusive,

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Third Party Defendants.
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STIPULATION

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Ditech Financial LLP (“Ditech”) and Las Vegas Rental & Repair LLC Series 73 (“LVRR”)
by and through their undersigned counsel of record hereby stipulate as follows:

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1.

On February 11, 2019 , Ditech filed a Bankruptcy with the United States Bankruptcy

Court for the Southern District of New York.

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2.

On September 26, 2019, the Bankruptcy Court entered the Order Confirming Third

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Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors (ECF No.

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1404) (the“ Confirmation Order”) approving the terms of the Third Amended Joint Chapter 11 Plan

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of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1326) (the “Plan”). The Plan

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incorporates the sale of Ditech’s reverse and forward businesses to separate buyers (the “Buyers”).

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3.

The Plan contains a permanent injunction (the “Injunction”) that specifically prohibits

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parties from, among other things, taking actions inconsistent with the Plan, including, as relevant

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here, forever prosecuting any action against Ditech for monetary recovery on account of any claim

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arising prior to the closing of the transactions under the Plan—September 30, 2019.

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4.

Given the foregoing, LVRR and Ditech hereby stipulate and agree to voluntarily

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dismiss with prejudice all claims against Ditech in this action for monetary damages or other

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monetary relief, including costs and attorney’s fees.

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5.

All other claims and defenses regarding title to the property and the effect of the

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HOA foreclosure sale remain in dispute.

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IT IS SO STIPULATED.

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DATED: January 28, 2020

DATED: __________________, 2020

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WOLFE & WYMAN LLP

CLARK NEWBERRY LAW FIRM

By: /s/Colt B. Dodrill ____________________
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
[e-mail]
6757 Spencer St.
Las Vegas, NV 89119
Plaintiff/Counterclaim Defendant
GREEN TREE SERVICING LLC, now
known as Ditech Financial LLC

By: /s/Tara Clark Newberry
TARA CLARK NEWBERRY, ESQ.
Nevada Bar No. 10696
[e-mail]
810 South Durango Drive, Suite 102
Las Vegas, NV 89145
Attorneys for Defendant/Counterclaimant
LAS VEGAS RENTAL & REPAIR LLC
SERIES 73

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ORDER

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IT IS SO ORDERED.

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DATED: ___________________________

_______________________________________
______________________________
UNITED STATES DISTRICT COURT JUDGE
STATES DISTRICT JUDGE
January 30, 2020.

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