RJRN Holdings LLC v. Davis et al

Filing 12

ORDER granting 11 Stipulation of Dismissal as to Hacienda North Homeowners Association Only. Signed by Judge James C. Mahan on 9/8/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-01257-JCM-NJK Document 11 Filed 09/03/15 Page 1 of 3

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ORD
MICHAEL N. BEEDE, ESQ.
Nevada State Bar No. 1306g
THE LAW OFFICE OF'MIKE BEEDE,
PLLC
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2300 W Sahara Ave., Suite 420
Las Vegas, NV 89102
Telephone [phone]
Facsimile (7 02) 832-0248
Attorney for Plaintiff

TINITED STATES DISTRICT COURT

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DISTzuCT OF NEVADA

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RIRN HOLDINGS LLC,
CASE NO. 2: 1 5-cv-01257 -ICM-NJK

Plaintiff,

vs.

RHONDA DAVIS; BAC HOME LOANS
SERVICING, LP, FKA COLINTRYWIDE
HOME LOANS SERVICING" LP:
CARRINGTON MORTGAGE SPRVTCES;
HACIENDA NORTH HOMEOWNERS,
ASSOCIATION; and DOES 1 through 10,
inclusive; ROE CORPORATIONS 1 through
10, inclusive,
Defendants.

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AND ASSESSMENTS
IT IS HEREBY STIPULATED AND AGREED, by
and between Plaintife RIRN HOLDINGS
LLC and Defendant,IiACIENDA NORTH HoMEowNERS
ASSOCIATION, by and through their
respective undersigned counsel of agree and stipulate
as follows:

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Number 16l-28-316-025, ("Subject Property") is located
within the HACIENDA NORTH
HOMEOWNERS ASSOCIATION. (the,.HOA,,).

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Thepropertylocated at5234FireNightAve.,LasVegas,NVggl22,Assessorparcel

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The Subject Property is subject to the

HoA's declarations ("CC&Rs,,) and NRS

I 16 et seq.

Case 2:15-cv-01257-JCM-NJK Document 11 Filed 09/03/15 Page 2 of 3

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The HOA had a perfected lien for
assessments pursuant to NRS I 15.3116(5)
which was
foreclosed upon on April1g,2012.

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Defendant agrees that as a result
of the

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April 18,2012HoA

lien foreclosure sale, all fees.

liens' assessments, or other amounts
owed to the HoA were either paid or
extinguished by
way of the foreclosure sale. Defendant
further disclaims any right to seek payment
for any
amounts which may have been assessed
or come due prior to or on April 1g, 2012.
Any and

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all notices of delinquent assessment liens
recorded prior to April l g, 2012, areof
no force or
effect against the Subject property.

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In the event that the current or future owner
or owners of the Subject property failto pay
assessments as required by the CC&Rs,
the

HoA may enforce liens which

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any failure to pay amounts which have
come due after

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are the result

of

necessary, pursuant to the CC&Rs and
NRS 116 et seq.

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April 1g, 2012 throughforeclosure

Each party shall bear their own attorney,s
fees.

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DATED rhis 3_isr_ day

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BY:

of August ,2015.

lsl Elizabeth Lowell
ELIZABETH LOWELL, ESQ.
Pengilly Law Firm
1995 Village Center Circle #190
Las Vegas,

BY:
Law Office of Michael Beede

NV 89134

Attorney for Defendant, HACIENDA NORTH
HOMEOWNERS ASSOCIATION

2300 W. Sahara Ave. #420
Las Vegas, NV 89102

Attorney for Plaintiff, RIRN
HOLDINGS LLC

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ORDER

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Pursuant to the foregoing stipuration, and good
cause showing therefore:

IT IS ORDERED that in the above-captioned

and numbered matter, HACIENDA

N6RTH

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HoMEowNERS ASSOCIATION, shall be dismissed from
this acrion, and that shall disclaim

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any right to seek enforcement or payment from
Plaintiffs or their successors for amounts which

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may have been due or assessed prior to

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April 18, 2012. Allparties to bear their own attorneys,

if

Case 2:15-cv-01257-JCM-NJK Document 11 Filed 09/03/15 Page 3 of 3

fees and costs.

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DATED this
September 8, 2015.

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DISTRICTJTJDGE
UNITED STATES DISTRICT JUDGE

Submitted by:
The Law Office o{Mike Beede,

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BY:

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Beede, PLLC

Nevada Bar #13068
2300 W Sahara Ave., Su
Las Vegas, NV 89102

420