Las Vegas Development Group, LLC, a Nevada Limited liability company v. Steven et al

Filing 28

ORDER granting 24 Stipulation to Partially Dismiss as to Secretary of the Department of Housing and Urban Development and to Withdraw 21 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Robert C. Jones on 12/3/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-01128-RCJ-CWH Document 24 Filed 11/25/15 Page 1 of 4

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Plaintiff
LAS VEGAS DEVELOPMENT GROUP, LLC

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UNITED STATES DISTRICT COURT
Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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DISTRICT OF NEVADA
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***
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LAS VEGAS DEVELOPMENT GROUP, LLC, )
a Nevada limited liability company,
)
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Plaintiff, )
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vs.
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ROBERTO E. STEVEN, a individual; WELLS )
FARGO BANK NA, a National Banking
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Association; NATIONAL DEFAULT
)
SERVICING CORPORATION, an Arizona
)
corporation; GEORGE COOPER, an
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individual; MARIE COOPER, an individual; )
SECRETARY OF THE DEPARTMENT OF )
HOUSING AND URBAN DEVELOPMENT, a )
federal governmental agency; EVERGREEN
)
MONEYSOURCE MORTGAGE COMPANY, )
a Washington corporation; US BANK
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NATIONAL ASSOCIATION, a National
)
Banking Association; DOE individuals I
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through XX; and ROE CORPORATIONS I
)
through XX,
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Defendants. )
______________________________________ )

Case No.

2:15-cv-1128-RCJ-CWH

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STIPULATION AND ORDER TO PARTIALLY DISMISS AS TO
DEFENDANT, SECRETARY OF THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ONLY
AND TO WITHDRAW MOTION TO DISMISS
COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC (“LVDG”), and

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Page 1 of 4

1901 Fan Fare

Case 2:15-cv-01128-RCJ-CWH Document 24 Filed 11/25/15 Page 2 of 4

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Defendant, SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN

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DEVELOPMENT (“HUD”), by and through their undersigned counsel, and hereby state as

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follows:
1.

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The instant action was filed by the Plaintiff to recover title and possession of real

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property commonly known as 1901 Fan Fare Drive, Las Vegas, Nevada 89032,

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Assessor Parcel No. 139-09-216-007 (“the “Property”).
2.

Pursuant to its Complaint, Plaintiff alleges that a foreclosure sale related to the

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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Property conducted by Wells Fargo Bank, N.A. was void and ineffective and that

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subsequent transfers of title to the Property were likewise void and ineffective.

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As a result, Plaintiff claims to continue to be the rightful owner of the Property.
3.

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HUD held record title to the Property for a period of time but does not claim any
current interest in the Property.

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Good cause appearing therefor, the parties stipulate and agree as follows:

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1.

On October 19, 2015, HUD filed a Motion to Dismiss herein [Doc. #21].

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2.

Pursuant to said Motion, HUD moves for the dismissal of Plaintiff’s Second

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Cause of Action for Unjust Enrichment and Fourth Cause of Action for Slander of

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Title.
3.

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Plaintiff’s Second Cause of Action for Unjust Enrichment and Fourth Cause of
Action for Slander of Title shall be dismissed with prejudice as to HUD only.

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4.

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HUD shall file a Disclaimer of Interest herein, disclaiming any and all interest in

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the Property. Upon the filing of said Disclaimer of Interest, the parties shall

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execute and file a Stipulation and Order dismissing the remainder of this action as

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it relates to HUD.

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//

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//

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//

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//

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//
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1901 Fan Fare

Case 2:15-cv-01128-RCJ-CWH Document 24 Filed 11/25/15 Page 3 of 4

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5.

of the various parties in and to the Property.

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HUD shall be bound by any judgment of this Court relating to the rights and title

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HUD shall retain all rights and claims that it may possess against any party to this
action.

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7.

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Dated this

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HUD’s Motion to Dismiss [Doc. #21] shall be withdrawn.

ROGER P. CROTEAU &
ASSOCIATES, LTD.

25th

day of November, 2015.
UNITED STATES ATTORNEY

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Plaintiff
LAS VEGAS DEVELOPMENT GROUP,
LLC

/s/ Troy K. Flake
TROY K. FLAKE, ESQ.
Assistant U.S. Attorney
333 Las Vegas Blvd So., Ste. 5000
Las Vegas, NV 89101702-388-6336
702-388-6787 (fax)
[e-mail]
Attorney for Defendant
SECRETARY OF THE DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT

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IT IS SO ORDERED.
By:

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Judge, U.S. District Court

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DATED: This 3rd day of December, 2015.
Dated:

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1901 Fan Fare

Case 2:15-cv-01128-RCJ-CWH Document 24 Filed 11/25/15 Page 4 of 4

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CERTIFICATE OF SERVICE
25th

I HEREBY CERTIFY that on this

day of November, 2015, I served via the

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United States District Court CM/ECF electronic filing system, the foregoing STIPULATION

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AND ORDER TO PARTIALLY DISMISS AS TO DEFENDANT, SECRETARY OF THE

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ONLY AND TO

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WITHDRAW MOTION TO DISMISS to the following parties:

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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Terry A. Moore
Marquis & Aurbach
10001 Park Run Drive
Las Vegas, NV 89145
702-382-0711
[e-mail]
Attorney for Defendants
Evergreen Moneysource Mortgage
Company and Roberto E. Steven

Ryan A. Loosvelt
Holland & Hart
9555 Hillwood Dr.
2nd Floor
Las Vegas, NV 89134
702-669-4600
702-6694650 (fax)
[e-mail]
Attorney for Defendant
US Bank National Association

Troy K. Flake
United States Attorney
333 Las Vegas Blvd So., Ste. 5000
Las Vegas, NV 89101702-388-6336
702-388-6787 (fax)
[e-mail]
Attorney for Defendant
Secretary of the Department of
Housing and Urban Development

Gregory L Wilde
Tiffany & Bosco P.A.
212 South Jones Blvd.
Las Vegas, NV 89107
[phone]
[phone] (fax)
[e-mail]
Attorney for Defendant
National Default Servicing Corporation

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/s/ Timothy E. Rhoda
An employee of ROGER P. CROTEAU &
ASSOCIATES, LTD.

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1901 Fan Fare