Ditech Financial, LLC v. Hollywood Highlands East Landscape Maintenance Association, Inc., et al

Filing 101

ORDER denying without prejudice 98 Motion for Partial Summary Judgment. See Order for details. ORDER granting 100 Stipulation to Stay Case Due to Settlement. THIS ACTION IS STAYED until 1/11/2021. Signed by Judge Jennifer A. Dorsey on 10/12/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:16-cv-00298-JAD-NJK Document 100 Filed 10/09/20 Page 1 of 2
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10/12/20

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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DITECH FINANCIAL, LLC FKA GREEN
TREE SERVICING, LLC,

Case No. 2:16-cv-00298-JAD-NJK

Plaintiff,

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vs.

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HOLLYWOOD HIGHLANDS EAST
LANDSCAPE MAINTENANCE
ASSOCIATION, INC.; NEVADA
ASSOCIATION SERVICES, INC., SFR
INVESTMENTS POOL 1, LLC,

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Defendants.

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Stipulation and Order Staying Case
NOTICE OF SETTLEMENT AND Due to
Settlement
STIPULATION TO STAY PROCEEDINGS

SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

ECF Nos. 98, 100

Counter/Cross-Claimant,

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vs.

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DITECH FINANCIAL, LLC FKA GREEN
TREE SERVICING, LLC; BENEFICIAL
MORTGAGE CO. OF NEVADA, a Delaware
corporation; HENRY DIAZ, an individual; and
CORINA DIAZ, an individual,

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Counter/Cross-Defendants.

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PLEASE TAKE NOTICE that Ditech Financial, LLC fka Green Tree Servicing, LLC

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(“Bank”) and SFR Investments Pool 1, LLC (“SFR”) have reached a global settlement involving

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multiple properties, including the Property at issue in this case. The settlement will resolve all

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claims between SFR and Bank.
-154974221;1

Case 2:16-cv-00298-JAD-NJK Document 100 Filed 10/09/20 Page 2 of 2
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10/12/20

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Based on the confidential settlement agreement, the Bank and SFR have agreed to stay the
litigation to allow for SFR to perform a condition precedent to the settlement.

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Bank and Hollywood Highlands East Landscape Maintenance Association, Inc. (the

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“Association”) have separately reached a settlement as to Bank's claims against the Association

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and are in the process of finalizing the settlement agreement.

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Accordingly, the Bank, SFR and the Association (collectively the “Parties”) hereby

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stipulate to vacate any pending deadlines, and to stay further proceedings in this case for ninety

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(90) days to finalize the settlements. The parties further request the court set a deadline for filing

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a status report regarding the settlement for ninety (90) from the entry of this Stipulation and Order.

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This request to stay is being made in the interest of preserving judicial resources and, as
set forth above, on the basis of a material term of the Settlement Agreement.

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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DATED this 9th day of October, 2020.
KIM GILBERT EBRON

DATED this 9th day of October, 2020.
AKERMAN LLP

/s/ Jason G. Martinez
JASON G. MARTINEZ, ESQ.
Nevada Bar No. 13375
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Jamie K. Combs
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Ditech Financial, LLC fka
Green Tree Servicing, LLC

DATED this 9th day of October, 2020.
LIPSON NEILSON PC
/s/ Amber M. Williams________________
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
Lipson Neilson PC
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Hollywood Highlands East
Landscape Maintenance Association, Inc.

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ORDER

Based on the parties' stipulation
[ECF No. 100] and good cause appearing,
IT IS HEREBY ORDERED that THIS
ACTION IS STAYED until January 11,
2021, to permit the parties to finalize their
settlements. The Bank's motion for partial
summary judgment [ECF No. 98] is
DENIED without prejudice to its
IT IS SO ORDERED.
reassertion within 10 days of the stay lifting,
___________________________________
in the event that the settlements are not
UNITED
completed. STATES DISTRICT JUDGE

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-254974221;1

DATED: ___________________________
________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: October 12, 2020