Bank of New York Mellon v. Southern Highlands Community Association et al

Filing 59

ORDER Granting 58 Stipulation of Dismissal as to Defendant Southern Highlands Community Association. Signed by Judge James C. Mahan on 10/3/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00523-JCM-CWH Document 58 Filed 09/28/17 Page 1 of 4

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JESSE A. RANSOM, ESQ.
Nevada Bar No. 13535
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for the Bank of New York Mellon f/k/a
The Bank of New York, as Trustee for the
Certificateholders CWALT, Inc., Alternative Loan
Trust 2006-OA21, Mortgage Pass-Through
Certificates, Series 2006-OA21
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA21,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-OA21,

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Case No.: 2:16-cv-00523-JCM-CWH
STIPULATION
AND
ORDER
OF
DISMISSAL WITHOUT PREJUDICE AS
TO ALL CLAIMS AGAINST SOUTHERN
HIGHLANDS
COMMUNITY
ASSOCIATION

Plaintiffs,
vs.
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; GREY SPENCER DR TRUST;
ALESSI & KOENIG, LLC,
Defendants.

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42384448;2

Case 2:16-cv-00523-JCM-CWH Document 58 Filed 09/28/17 Page 2 of 4

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GREY SPENCER DR TRUST,

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Counterclaimant,

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vs.

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA21,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-OA21,

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Counterdefendant.

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Plaintiff the Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Certificateholders CWALT, Inc., Alternative Loan Trust 2006-OA21, Mortgage Pass-Through
Certificates, Series 2006-OA21 (BNYM) and defendant Southern Highlands Community Association
(Southern Highlands) through their respective counsel, stipulate as follows.
1.

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prejudice, each side to bear its own fees and costs.
2.

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Should BNYM prevail on its claim against defendant Grey Spencer Dr Trust (Grey

Spencer) pursuant to Bourne Valley Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir.
2016), cert. denied 582 U.S. --- (June 26, 2017), and obtain a judgment preserving its interest in the
deed of trust at issue in BNYM's complaint, upon the exhaustion of all appeals, the dismissal of the
claims against Southern Highlands will become "with prejudice."
3.

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All claims asserted by BNYM against Southern Highlands will be dismissed without

Should BNYM not prevail on its claim against Grey Spencer, upon the exhaustion of all

appeals, BNYM will have six months from the date of any such final order to reinitiate claims against
Southern Highlands. Should BNYM not reinitiate its claims against Southern Highlands in that time
period, the dismissal of the claims against Southern Highlands will become "with prejudice."
//
//
//

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Case 2:16-cv-00523-JCM-CWH Document 58 Filed 09/28/17 Page 3 of 4

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4.

Any statute of limitations on any and all claims against Southern Highlands shall be

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tolled from the date the complaint was filed, on March 9, 2016, until the expiration of the six-month

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period described in the preceding paragraph.

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Dated this 21st day of July, 2017.
ALVERSON, TAYLOR, MORTENSEN & SANDERS

AKERMAN LLP

/s/Kurt R. Bonds, Esq._______________
KURT R. BONDS, ESQ.
Nevada Bar No. 006228

/s/ Darren T. Brenner, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JESSE A. RANSOM, ESQ.
Nevada Bar No.13535
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

6605 Grand Montecito Parkway
Suite 200
Las Vegas, Nevada 89149
Telephone: [phone]
Attorney for Defendant Southern Highlands
Community Association

Attorneys for Plaintiff
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ORDER
IT IS SO ORDERED.

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______________________________________
DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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October 3, 2017
DATED:_______________________________

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42384448;2

Case 2:16-cv-00523-JCM-CWH Document 58 Filed 09/28/17 Page 4 of 4

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 28th day of September, 2017, service of the foregoing

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STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO ALL

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CLAIMS AGAINST SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION, was made

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pursuant to FRCP 5(b) and electronically transmitted to the Clerk's Office using the CM/ECF system

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for filing and transmittal to all interested parties.

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ALVERSON, TAYLOR, MORTENSEN & SANDERS
KURT R. BONDS, ESQ.
Nevada Bar No. 006228

AKERMAN LLP

6605 Grand Montecito Parkway
Suite 200
Las Vegas, Nevada 89149

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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Telephone: [phone]
Attorney for Defendant Southern Highlands Community Association

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Attorneys for Southern Highlands Community Association

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Michael F. Bohn
Law Office of Michael F. Bohn
376 East Warm Springs Rd., Ste. #140
Las Vegas, NV 89119
702-642-3113
Fax: [phone]
Email: [e-mail]

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Attorney for Grey Spencer Trust

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/s/ Jill Sallade
An employee of AKERMAN LLP

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