U.S. Bank, N.A. v. Azure Estates Owners Association, Inc., et al

Filing 66

ORDER granting 65 Stipulation of Dismissal With Prejudice; FURTHER ORDERED that the status conference set for Friday, March 29 2019, at 8:00 a.m. is VACATED. Signed by Chief Judge Gloria M. Navarro on 3/27/2019. (Copies have been distributed pursuant to the NEF - JM) Modified on 3/28/2019 (JM).

LAS VEGAS, NEVADA 89135

[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

1 Abran E. Vigil
Nevada Bar No. 7548
2 Justin A. Shiroff
Nevada Bar No. 12869
3 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
4 Las Vegas, Nevada 89135
Telephone: [phone]
5 Facsimile: [phone]
E-Mail: [e-mail]
6 E-Mail: [e-mail]
7 Attorneys for U.S. Bank N.A., Successor
Trustee to Bank of America, N.A., as
8 Successor by Merger to LaSalle Bank N.A.,
as Trustee for Holders of Bear Stearns
9 Asset-Backed Securities I LLC, AssetBacked Certificates, Series 2007-HE3
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
U.S. BANK N.A., AS SUCCESSOR
CASE NO. 2:16-cv-00317-GMN-NJK
13 TRUSTEE TO BANK OF AMERICA,
N.A., AS SUCCESSOR BY MERGER TO
14 LASALLE BANK N.A., AS TRUSTEE
FOR HOLDERS OF BEAR STEARNS
STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE
15 ASSET-BACKED SECURITIES I LLC,
ASSET-BACKED CERTIFICATES,
16 SERIES 2007-HE3,
17

Plaintiff,

18

vs.

19 AZURE ESTATES OWNERS
ASSOCIATION, INC., a Nevada non20 profit corporation; 421 WEST AZURE
TRUST; JANE DOE, TRUSTEE OF 421
21 WEST AZURE TRUST, JOHN DOES 1
through 10, inclusive, and ROE
22 CORPORATIONS 1 through 10, inclusive
23

Defendants.

24

Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff, U.S. Bank N.A.,

25 Successor Trustee to Bank of America, N.A., as Successor by Merger to LaSalle
26 Bank N.A., as Trustee for Holders of Bear Stearns Asset-Backed Securities I LLC,
27 Asset-Backed Certificates, Series 2007-HE3 (“Trustee”); Defendant Azure Estates
28 Owners Association, Inc. (“HOA”); and Defendant 421 West Azure Trust
DMWEST #36782990 v1

1 (“Purchaser”) (collectively, the “Parties”), by and through counsel of record, hereby
2 stipulate as follows:
3

1.

This action concerns title to real property commonly known as 421 W.

4 Azure Ave., North Las Vegas, Nevada (“Property”) following a homeowner’s
5 association foreclosure sale conducted on March 7, 2012, with respect to the
6 Property.
7

2.

As it relates to the Parties, a dispute arose regarding that certain Deed

8 of Trust recorded against the Property in the Official Records of Clark County,
9 Nevada as Instrument Number 20061219-0004888 (“Deed of Trust”), and in
10 particular, whether the Deed of Trust continues to encumber the Property.
3.

The Parties to this Stipulation have settled and agreed to release their

LAS VEGAS, NEVADA 89135

12 respective claims, and further agreed that all claims between them shall be
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11

13 DISMISSED with prejudice;
14

4.

The Parties further stipulate and agree that the $500 in security costs

15 posted by the Trustee on June 29, 2016 pursuant to this Court’s Order [ECF No. 30]
16 shall be discharged and released to the Ballard Spahr LLP Trust Account;
17

5.

The Parties further stipulate and agree that the Lis Pendens recorded

18 against the Property in the Official Records of Clark County, Nevada, as
19 Instruments Number 20160503-0002336, be, and the same hereby is, EXPUNGED;
20

6.

The Parties further stipulate and agree that a copy of this Stipulation

21 and Order may be recorded with the Clark County Recorder; and
(Remainder of Page Intentionally Left Blank)

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7.

Each party in this case number 2:16-cv-00317-GMN-NJK shall bear its

2 own attorneys’ fees and costs.
3
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LAS VEGAS, NEVADA 89135

[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

5

DATED: March ____, 2019
BALLARD SPAHR LLP

LIPSON NIELSON P.C.

6 By:/s/ Justin A. Shiroff______
Abran E. Vigil, Esq.
7
Nevada Bar No. 7548
Justin Shiroff, Esq.
8
Nevada Bar No. 12869
1980 Festival Plaza Drive
9
Suite 900
Las Vegas, Nevada 89135
10
Attorneys for U.S. Bank N.A.,
11 Successor Trustee to Bank of America,
N.A., as Successor by Merger to
12 LaSalle Bank N.A., as Trustee for
Holders of Bear Stearns Asset-Backed
13 Securities I LLC, Asset-Backed
Certificates, Series 2007-HE3
14

By:/s/ Julie Funai
_________
Joseph P. Garin
Nevada Bar No. 6653
Julie Funai
Nevada Bar No. 8725
9900 Covington Cross Drive
Suite 120
Las Vegas, NV 89144

Attorneys for Defendant Azure Estates
Owners Association

15 AYON LAW PLLC
16

By: /s/ Luis A. Ayon______________
Luis A. Ayon
17
Nevada Bar No. 9752
8816 Spanish Ridge Avenue
18
Suite 115
Las Vegas, Nevada 89148
19
20 Attorneys for Defendant 421 West
Azure Trust
21
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the status
22
conference set for Friday, March 29 2019, at 8:00
23
a.m. is VACATED.
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25

UNITED STATES DISTRICT JUDGE

26

March 27, 2019
DATED: ________________

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