5035 Village Trust v. Durazo et al

Filing 50

ORDER Granting 49 Stipulation of Dismissal. Green Tree Servicing LLC's third-party claims against defendant Winterwood Ranch Unit No. 1 Homeowners Association are DISMISSED without prejudice. It Is Further Ordered that 40 Motion to Dismiss is Denied without Prejudice and as moot. Signed by Judge Jennifer A. Dorsey on 9/8/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00747-JAD-NJK Document 49 Filed 09/04/15 Page 1 of 4

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COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
YANXIONG LI, ESQ.
Nevada Bar No. 12807
WOLFE & WYMAN LLP
980 Kelly Johnson Drive, Ste 140
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant/Counterclaimant/Third-party Plaintiff
GREEN TREE SERVICING LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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5035 VILLAGE TRUST, a Nevada trust,

CASE NO.: 2:15-cv-00747-JAD-NJK

Plaintiff,

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v.
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XAVIER F. DURAZO, an individual; ANDREA T.
GARNICA, an individual; GREEN TREE
STIPULATION AND ORDER TO DISMISS
SERVICING, LLC, a foreign limited liability
THIRD PARTY COMPLAINT ONLY
company; DOE INDIVIDUALS I through X,
WITHOUT PREJUDICE
inclusive; and ROE CORPORATIONS XI through
XX, inclusive,
Defendants.

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GREEN TREE SERVICING LLC,

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Counterclaimant,
v.
5035 VILLAGE TRUST; DOES 1 through 10,
inclusive; ROES Business Entities 1 through 10,
inclusive; and all others who claim interest in the
subject property located at 5035 Village Drive, Las
Vegas, NV 89142,

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CounterDefendant.

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GREEN TREE SERVICING LLC,
Third-party Plaintiff,

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2089944.3

Case 2:15-cv-00747-JAD-NJK Document 49 Filed 09/04/15 Page 2 of 4

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v.
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WINTERWOOD RANCH UNIT NO. 1,
HOMEOWNERS ASSOCIATION, a Nevada nonprofit 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 5035 Village Drive, Las Vegas,
NV 89142,
Third-party Defendant.

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STIPULATION AND ORDER TO DISMISS THIRD-PARTY COMPLAINT ONLY
WITHOUT PREJUDICE

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IT IS HEREBY STIPULATED and AGREED by and between Third-Party Defendant

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WINTERWOOD RANCH UNIT NO. 1, HOMEOWNERS’ ASSOCIATION, and
Defendant/Counterclaimant/Third-party Plaintiff GREEN TREE SERVICING LLC, and both
parties’ respective counsel of record, that GREEN TREE SERVICING LLC’s Third-Party
Complaint against Third-Party Defendant WINTERWOOD RANCH UNIT NO. 1,
HOMEOWNERS’ ASSOCIATION ONLY be dismissed without prejudice, with each party to bear
its own costs and attorney’s fees.
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2089944.3

Case 2:15-cv-00747-JAD-NJK Document 49 Filed 09/04/15 Page 3 of 4

IT IS FURTHER STIPULATED THAT WINTERWOOD RANCH UNIT NO. 1,

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HOMEOWNERS’ ASSOCIATION’S Motion to Dismiss (Doc. No. 41.) is withdrawn.

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IT IS SO STIPULATED

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DATED this 4th day of September 2015

DATED this 4th day of September, 2015

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WOLFE & WYMAN LLP

LEACH JOHNSON SONG & GRUCHOW

By:/s/ Colt B. Dodrill
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
YANXIONG LI, ESQ.
Nevada Bar No. 12807
WOLFE & WYMAN LLP
980 Kelly Johnson Drive, Ste 140
Las Vegas, NV 89119
Attorneys for Defendant/
Counterclaimant/Third-party Plaintiff
GREEN TREE SERVICING LLC

By:/s/ Ryan G. Hastings
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
RYAN D. HASTINGS
Nevada Bar No. 12394
8945 W. Russell Road, Suite 330
Las Vegas, NV 89148
Attorneys for Third-Party Defendant
WINTERWOOD RANCH UNIT NO. 1
HOMEOWNERS’ ASSOCIATION

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ORDER

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Based on the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED,
ADJUDGED and DECREED that Green Tree Servicing LLC's third-party claims against
defendant Winterwood Ranch Unit No. 1 Homeowners Association are DISMISSED
without prejudice, each party to bear its own fees and costs.

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IT IS FURTHER ORDERED THAT Winterwood's Motion to Dismiss [ECF 40] is
DENIED without prejudice and as moot.

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September 8, 2015

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_______________________________
Jennifer Dorsey
United States District Court Judge

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2089944.3