Bank of America, N.A. v. Foothills at Southern Highlands Homeowners Association et al

Filing 58

ORDER granting 57 Stipulation of Dismissal with prejudice as to Airmotive; Signed by Judge Richard F. Boulware, II on 8/10/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00402-RFB-DJA Document 58 Filed 08/10/20 Page 1 of 3

1
2
3
4
5
6

ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
2810 W. Charleston Blvd., #75
Las Vegas, Nevada 89102
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
AIRMOTIVE INVESTMENTS, LLC

7
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
***
11
BANK OF AMERICA, N.A.,
12
13
14
15
16
17

)
)
Plaintiff, )
)
vs.
)
)
FOOTHILLS AT SOUTHERN HIGHLANDS )
HOMEOWNERS ASSOCIATION;
)
AIRMOTIVE INVESTMENTS, LLC;
)
ABSOLUTE COLLECTION SERVICES, LLC, )
)
Defendants. )
)

Case No. 2:16-cv-00402-RFB-DJA

18
STIPULATION TO DISMISS IN PART
19
COMES NOW, Plaintiff, BANK OF AMERICA, N.A. (“BANA”), and Defendant,
20
AIRMOTIVE INVESTMENTS, LLC (“Airmotive”), by and through their undersigned counsel,
21
and hereby stipulate and agree as follows:
22
1.

On February 26, 2016, BANA filed this action seeking various relief related to a

23
deed of trust (“Deed of Trust”) recorded against real property commonly known
24
as 10691 San Palatina Street, Las Vegas, Nevada 89141(“the “Property”) and a
25
homeowners association lien foreclosure sale (“HOA Foreclosure Sale”) related
26
thereto.
27
2.

Pursuant to this action, BANA and Airmotive have disputed the force and effect

28
Page 1 of 3

10691 San Palatina

Case 2:16-cv-00402-RFB-DJA Document 58 Filed 08/10/20 Page 2 of 3

of the HOA Foreclosure Sale upon the Deed of Trust.

1
2

3.

BANA and Airmotive have entered into a settlement agreement that resolves all

3

matters related to the Property as between themselves. The specific terms of the

4

settlement agreement are confidential but generally involve the payment of agreed

5

upon consideration by Airmotive to BANA in exchange for a release of any

6

interest BANA claims in the Property.

7

4.

The instant matter having been resolved as between BANA and Airmotive, the

8

instant action shall be dismissed with prejudice as it relates to Airmotive ONLY

9

with each party bearing its own fees and costs.
7th

10

Dated this

day of August, 2020.

11

ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN, LLP

/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
2810 West Charleston Boulevard, #75
Las Vegas, Nevada 89102
[phone]
[e-mail]
Attorney for Defendant
Airmotive Investments, LLC

/s/ Holly Walker
HOLLY WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle
Las Vegas, NV 89134
702-634-5036
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

12
13
14
15
16
17
18
19
20
21
22
23

IT IS SO ORDERED.
By:
UNITED STATESDISTRICT JUDGE
Dated: August 10, 2020

24
25
26
27
28
Page 2 of 3

10691 San Palatina

Case 2:16-cv-00402-RFB-DJA Document 58 Filed 08/10/20 Page 3 of 3

1
2

CERTIFICATE OF SERVICE
7th

I HEREBY CERTIFY that on this

day of August, 2020, I served via the

3

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

4

TO DISMISS IN PART to the following parties:

5

Melanie D Morgan
Akerman LLP
1635 Village Center Cir., Suite 200
Las Vegas, NV 89134
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

6
7
8
9
10
11
12
13
14
15
16
17
18

Holly Walker
Akerman LLP
1635 Village Center Circle
Las Vegas, NV 89134
702-634-5036
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Jamie K Combs
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5007
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.
Donna M. Wittig
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
[phone]
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Mark J. Connot
Fox Rothschild, LLP
1980 Festival Plaza Drive
Suite 700
Las Vegas, NV 89135
702-262-6899
[e-mail]
Attorney for Defendant
Foothills at Southern Highlands HOA
Kevin M Sutehall
Fox Rothschild, LLP
1980 Festival Plaza Drive
Suite 700
Las Vegas, NV 89135
[phone]
[e-mail]
Attorney for Defendant
Foothills at Southern Highlands HOA

19
20
21

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

22
23
24
25
26
27
28
Page 3 of 3

10691 San Palatina