Alessi & Koenig, LLC v. Dolan, Jr. et al

Filing 54

ORDER Granting 53 Stipulation of Dismissal. Signed by Judge James C. Mahan on 5/23/2018. (Copies have been distributed pursuant to the NEF - MR)

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Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
WRIGHT, FINLAY & ZAK, LLP
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Tel: [phone]; Fax: [phone]
[e-mail];
[e-mail]
Attorneys for Defendant/Counterclaimant/Cross-Defendant, Federal National Mortgage
Association

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ALESSI & KOENIG, LLC, a Nevada limited
liability company,
Plaintiff,
v.
ALFRED T. DOLAN, JR.; BARBARA ANN
DOLAN; FEDERAL NATIONAL
MORTGAGE ASSOCIATION; SUMMERLIN
NORTH COMMUNITY ASSOCIATION;
SATICOY BAY LLC SERIES 10250 SUN
DUSK LN; SUNSET MESA COMMUNITY
ASSOCIATION; DOE INDIVIDUALS I-X,
inclusive; and ROE CORPORATIONS XI-XX,
inclusive,

Case No.: 2:15-cv-00805-JCM-CWH

STIPULATION AND ORDER FOR
DISMISSAL OF REMAINING CLAIMS

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Defendants.
and

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FEDERAL HOUSING FINANCE AGENCY,
as Conservator for the Federal National
Mortgage Association,
Intervenor.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; and FEDERAL HOUSING
FINANCE AGENCY, as Conservator for the
Federal National Mortgage Association,

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Counterclaimants,

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v.
SATICOY BAY LLC SERIES 10250 SUN
DUSK LANE; and SUNSET MESA
COMMUNITY ASSOCIATION,

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Counter-defendants.

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SATICOY BAY LLC SERIES 10250 SUN
DUSK LANE,
Crossclaimant,
v.
ALFRED T. DOLAN, JR.; and FEDERAL
NATIONAL MORTGAGE ASSOCIATION,

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Cross-defendants.

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Plaintiff Alessi & Koenig, LLC (“Alessi”); Defendant/Counter-Defendant Sunset Mesa

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Community Association (the “HOA”), by and through their counsel of record, HOA Lawyers

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Group, LLC; Defendant/ Counterclaimant/Cross-Defendant, Federal National Mortgage

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Association (“Fannie Mae”), by and through its attorneys of record, Dana Jonathon Nitz, Esq.,

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and Christina V. Miller, Esq., of the law firm Wright, Finlay & Zak, LLP; and

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Defendant/Counter-Defendant/Crossclaimant Saticoy Bay LLC Series 10250 Sun Dusk Lane

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(“Saticoy”), by and through its counsel of record Richard J. Vilkin, Esq., of the law firm

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Geisendorf & Vilkin, PLLC, hereby stipulate and agree as follows:

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WHEREAS, this matter concerns a homeowner’s association non-judicial foreclosure

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sale against real property located at 10250 Sun Dusk Lane, Las Vegas, Nevada 89144 (the

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“Property”).

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WHEREAS, on September 3, 2014, Alessi on behalf of the HOA conducted a non-

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judicial foreclosure sale against the Property, selling the Property to Saticoy for $60,100.00 (the

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“HOA Sale”).

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WHEREAS, on February 9, 2015, Alessi filed a Complaint in Interpleader against Fannie

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Mae, borrowers Alfred T. Dolan and Barbara Ann Dolan (collectively, the “Dolans”), the HOA

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and Saticoy regarding excess proceeds from the HOA Sale. ECF No. 1-1.
WHEREAS, on May 6, 2015, Fannie Mae filed its Answer to the Complaint in

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Interpleader, which was subsequently amended on May 8, 2015 to assert Counterclaims against

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Saticoy for Quiet Title and Declaratory Relief and against the HOA for Wrongful Foreclosure,

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Declaratory Relief and Unjust Enrichment. ECF No. 8.
WHEREAS, on June 15, 2015, the HOA filed its Answer to Fannie Mae’s Counterclaim.

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ECF No. 10.

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WHEREAS, on July 22, 2015, pursuant to a Stipulation and Order, the Federal Housing

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Finance Agency (“FHFA”) intervened in the action and filed its Answer and Counterclaims

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against Saticoy and the HOA for Declaratory Judgment and against Saticoy for Quiet Title. ECF

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No. 18.

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WHEREAS, on August 19, 2015, Saticoy filed its Answer to Fannie Mae’s Counterclaim

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and Cross-Claim against Alfred T. Dolan and Fannie Mae for Quiet Title and Declaratory Relief.

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ECF No. 23.

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WHEREAS, on September 14, 2015, Fannie Mae filed its Answer to Saticoy’s CrossClaim. ECF No. 24.
WHEREAS, on August 19, 2016, Fannie Mae and FHFA filed a Motion for Summary
Judgment. ECF No. 38.
WHEREAS, on August 26, 2016, Fannie Mae and FHFA filed a Motion to Stay

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Discovery Pending Resolution of Their Motion for Summary Judgment. ECF No. 39. The

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Motion to Stay Discovery was granted on October 17, 2016. ECF No. 42.

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WHEREAS, on January 20, 2017, a Notice of Bankruptcy was filed by Shelley D. Krohn,

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Chapter 7 Trustee, stating that Alessi filed a voluntary petition for relief under Chapter 7 of the

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Bankruptcy Court on December 13, 2016, United States Bankruptcy Court for the District of

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Nevada, Case No. BK-S-16-16593-ABL. ECF No. 45.

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WHEREAS, on February 27, 2017, the Court granted Fannie Mae’s and FHFA’s Motion

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for Summary Judgment (ECF No. 47), thereby resolving the direct claims, counterclaims and

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cross-claims for Quiet Title and Declaratory Relief.

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WHEREAS, the only remaining cause of action are: (1) Alessi’s direct claim for

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Interpleader of the excess proceeds; and (2) Fannie Mae’s Counterclaims against the HOA for

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Wrongful Foreclosure and Unjust Enrichment.

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WHEREAS, on April 23, 2018, the Court entered an Order to lift the stay and ordered

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that the parties shall submit a joint status report or proposed judgment to the court within 30 days

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of the Order. ECF No. 52.

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WHEREFORE, based on the foregoing,

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IT IS HEREBY STIPULATED AND AGREED that Alessi’s claim for Interpleader shall

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be dismissed as moot. As part of Alessi’s bankruptcy, the excess proceeds for the Property were

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deposited by the Chapter 7 Trustee with the Bankruptcy Court as part of an adversary action in

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Interpleader. See United States Bankruptcy Court for the District of Nevada, Adv. No. 17-

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01210-ABL.1

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IT IS HEREBY FURTHER STIPULATED AND AGREED that Fannie Mae hereby

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dismisses its counterclaims against the HOA for Wrongful Foreclosure and Unjust Enrichment,

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without prejudice.

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IT IS HEREBY FURTHER STIPULATED AND AGREED concerning dismissal of the

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counterclaims against the HOA for Wrongful Foreclosure and Unjust Enrichment only, and as

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between Fannie Mae and the HOA only, as follows:
The period of time commencing February 9, 2015 (the “Effective Date”) and

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1.

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ending on the Termination Date (as that term is defined in paragraph 4 below), shall not

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be included in determining the applicability of any statute of limitations, laches, or any

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other defense based on lapse of time in any action or proceeding brought by Fannie

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Mae against the HOA with respect to the HOA Sale, the Property, and Fannie Mae’s

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Counterclaim, filed on May 6, 2015;

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2.

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shall diminish or affect any defense available to Fannie Mae or the HOA concerning the

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Counterclaims for Wrongful Foreclosure and Unjust Enrichment as of the date of this

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Stipulation, and this Stipulation shall not be deemed to revive any claim, remedy,

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and/or cause of action, legal or equitable, that is or was already barred as of the

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Except as is set forth in the preceding paragraph, nothing in this Stipulation

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The Dolans have never made a formal appearance in this action and, therefore, the Interpleader
action may be voluntarily dismissed against them, pursuant to Fed. R. Civ. P. 41(a)(1).

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Effective Date, nor shall this Stipulation create any new claim, remedy, and/or cause of

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action, legal or equitable, against any Party hereto. Nothing in this Stipulation, or in

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the circumstances that gave rise to this Stipulation shall be construed as an

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acknowledgement by Fannie Mae or the HOA that any claim, remedy, and/or cause of

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action, legal or equitable, has or has not been barred, or is about to be barred, by the

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statute of limitations, laches, or other defense based on the lapse of time;

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3.

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the HOA. Neither this Stipulation nor any action taken pursuant to this Stipulation shall

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be offered or received in evidence in any action or proceeding as an admission of

This Stipulation shall not operate as an admission of liability by Fannie Mae or

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liability or wrongdoing by Fannie Mae or the HOA;

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4.

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Appeals, Fannie Mae may terminate this Stipulation on thirty (30) days written notice to

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counsel for the HOA. The Termination Date shall be either 1) the first business day

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following thirty (30) days after Fannie Mae has provided written Notice of Termination

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pursuant to this paragraph, or 2) the first business day following 60 days after the final

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order is issued by the Ninth Circuit Court of Appeals, whichever occurs first;

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5.

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with respect to the tolling of any statute of limitations applicable to the Wrongful

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Foreclosure and Unjust Enrichment counterclaims. This Stipulation may be modified,

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amended, or supplemented only by a written instrument signed by all Fannie Mae and

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the HOA;

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6.

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privileges, and defenses under applicable law.

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Except as set forth hereinabove, the Parties reserve any and all rights,

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This Stipulation comprises the entire agreement of Fannie Mae and the HOA

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Upon completion of any appeal by Saticoy before the Ninth Circuit Court of

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IT IS HEREBY FURTHER STIPULATED AND AGREED that each side shall bear its
own attorney’s fees and costs.
IT IS SO STIPULATED.
WRIGHT, FINLAY & ZAK, LLP

HOA LAWYERS GROUP, LLC

/s/ Christina V. Miller
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Defendant/Counterclaimant/
Cross-Defendant Federal National Mortgage
Association

/s/ Steven T. Loizzi
Steven T. Loizzi, Esq.
Nevada Bar No. 10920
9500 W. Flamingo Rd., Suite 204
Las Vegas, Nevada 89147
Attorneys for Defendant/CounterDefendant Sunset Mesa Community
Association

GEISENDORF & VILKIN, PLLC

ALESSI & KOENIG, LLC

/s/ Richard J. Vilkin
Richard J. Vilkin, Esq.
Nevada Bar No. 8301
2470 St. Rose Parkway, Suite 309
Henderson, NV 89074
Attorneys for Defendant/Counter-Defendant/
Crossclaimant Saticoy Bay LLC Series 250
Sun Dusk Lane

/s/ Steven T. Loizzi
Steven T. Loizzi, Esq.
Nevada Bar No. 10920
9500 W. Flamingo Rd., Suite 204
Las Vegas, Nevada 89147
Attorneys for Plaintiff Alessi &
Koenig, LLC

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IT IS SO ORDERED.
DATED May___ day of ________________, 2018.
this 23, 2018.

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___________________________________
UNITED STATES DISTRICT JUDGE

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