Green Tree Servicing LLC v. Valencia Management LLC Series 4 et al

Filing 121

ORDER Granting 120 Stipulation of Dismissal. Signed by Judge James C. Mahan on 2/8/2018. (Copies have been distributed pursuant to the NEF - MR)

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Colt B. Dodrill, Esq.
Nevada State Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff/Counterdefendant
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,
Plaintiff,
v.

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STIPULATION AND ORDER DISMISSING
REMAINING CLAIMS AS MOOT AND
ENTERING FINAL JUDGMENT

VALENCIA MANAGEMENT LLC SERIES 4;
SILVERADO COURT LANDSCAPE
MAINTENANCE CORPORATION; DOES 1
through 10, inclusive; ROES Business Entities 1
through 10, inclusive; and all others who claim
interest in the subject property located at 10784
Teton Village Court, Henderson, NV 89052,

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CASE NO. 2:15-cv-00725-JCM-PAL

Defendant.
VALENCIA MANAGEMENT LLC SERIES 4, a
Nevada Limited Liability Company,
Counterclaim Plaintiff,
v.
GREEN TREE SERVICING LLC; DOES 1
through 10, inclusive; ROES CORPORATION 1
through 10, inclusive,

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Counterclaim Defendants.

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VALENCIA MANAGEMENT LLC SERIES 4, a
Nevada Limited Liability Company,

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Third Party Plaintiff,
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v.
SUSANNA MIZRAHI, 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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The parties, by and through their undersigned counsel of record, hereby stipulate as follows:

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WHEREFORE, on January 22, 2018, the Court issues its Order (ECF 119.) granting Plaintiff

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GREEN TREE SERVICING LLC's now known as DITECH FINANCIAL, LLC (“Ditech”) Motion

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for Summary Judgment;
WHEREFORE, the Court’s Order did not address Ditech’s claims for negligent

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misrepresentation or unconstitutional statute;

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WHEREFORE, in light of the Court’s Order granting summary judgment on Ditech’s claims

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under 12 USC § 4617(j), Ditech’s claims for negligent misrepresentation and unconstitutional statute

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have become moot;

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WHEREFORE, the parties wish to obtain a final appealable judgment in this case;

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ACCORDINGLY, IT IS HEREBY STIPULATED, that Ditech’s claims for negligent

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misrepresentation and unjust enrichment are dismissed without prejudice;
IT IS FURTHER STIPULATED, that any statute of limitations, repose, or latches applicable

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to Ditech’s claims for negligent misrepresentation and unjust enrichment are tolled, such that in the

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event the Court’s order granting Ditech’s Motion for Summary Judgment (ECF 119.) is reversed on

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appeal, Ditech may renew these claims in an amended pleading to be filed in the district court within

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30 days of the filing in the district court of the mandate reversing such order.

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///

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///

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///

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IT IS FURTHER STIPULATED, that the Clerk may issue final judgment in this case

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pursuant to Fed. R. Civ. P. 54.
IT IS SO STIPULATED.

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WOLFE & WYMAN LLP

CONNAGHAN/NEWBERRY LAW FIRM

By:

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By:

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/s Tara D. Newberry
Tara D. Newberry, Esq.
Nevada Bar No. 10696
7854 W. Sahara Avenue
Las Vegas, NV 89117

Attorneys for
Green Tree Servicing LLC, now known as
Ditech Financial LLC

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Attorneys for
Valencia Management LLC Series 4

DATED: February 6, 2018

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/s Colt B. Dodrill
Colt B. Dodrill
Nevada Bar No. 9000
980 Kelly Johnson Drive, Suite 140
Las Vegas, NV 89119

DATED: February 6, 2018

LEACH JOHNSON SONG & GRUCHOW

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By:

/s T. Chase Pittsenbarger
T. Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
8945 W. Russell Road, Suite 330
Las Vegas, NV 89148

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Attorneys for
Silverado Court LMC

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DATED: February 6, 2018

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IT IS SO ORDERED.

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DATED:

February 8, 2018
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE

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On February 6, 2018, I served the STIPULATION AND ORDER DISMISSING

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REMAINING CLAIMS AS MOOT AND ENTERING FINAL JUDGMENT by the following

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means to the persons as listed below:
X

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a.

ECF System (you must attach the “Notice of Electronic Filing”, or list

all persons and addresses and attach additional paper if necessary):

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Sean L. Anderson [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]

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Tara Clark Newberry [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]

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Timothy C. Pittsenbarger [e-mail],
[e-mail], [e-mail], [e-mail]

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b.

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United States Mail, postage fully pre-paid (List persons and addresses.

Attach additional paper if necessary)

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/s/ Kathy Hagmaier
KATHY HAGMAIER
An employee of Wolfe & Wyman LLP

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By:
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