Bank of America, N.A. v. Giavanna Homeowners Association, et al

Filing 73

ORDER granting 71 Stipulation of Dismissal without prejudice as to Giavanna HOA and Absolute Collection Services; Signed by Judge James C. Mahan on 1/31/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00612-JCM-DJA Document 71 Filed 01/28/20 Page 1 of 2

1
2
3
4
5
6
7
8
9

ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Bank of America, N.A. successor
by merger to BAC Home Loans Servicing, LP
f/k/a Countrywide Home Loans Servicing, LP

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA

12
13
14
15

BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS
SERVICING, LP, F/K/A COUNTRYWIDE
HOME LOANS SERVICING, LP,

Case No.: 2:16-cv-00612-JCM-DJA
STIPULATION AND ORDER TO
DISMISS GIAVANNA HOA AND
ABSOLUTE COLLECTION SERVICES

Plaintiff,

16

vs.

17

GIAVANNA HOMEOWNERS
ASSOCIATION; BELLA LEGATO PBB
TRUST, BRYAN LAURY, AS TRUSTEE; and
ABSOLUTE COLLECTION SERVICES, LLC,

18
19

Defendants.

20
21

Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP,

22

f/k/a Countrywide Home Loans Servicing, LP (BANA) and defendants Giavanna Homeowners

23

Association (Giavanna), and Absolute Collection Services, LLC (ACS) (collectively, the Parties)

24

hereby stipulate to the following:

25

1.

BANA agrees to dismiss its claims against Giavanna and ACS in their entirety

26

without prejudice, each side to bear its own fees and costs, and the parties agree that the statute of

27

limitations is tolled with respect to the claims BANA brought against them until a final judgment is

28

entered in this case and any appeal deadline has expired.
1

Case 2:16-cv-00612-JCM-DJA Document 71 Filed 01/28/20 Page 2 of 2

1

2.

Givanna and ACS agree to cooperate with any remaining discovery requests,

2

including without limitation copies of their files, producing witnesses for deposition and/or trial, and

3

any other reasonable requests for discovery.

4
5
6

3.

This stipulation does not affect BANA's claims as to defendant Bella Legato PBB

Trust, Bryan Laury, as Trustee.
DATED: January 28, 2020.

7
8

AKERMAN LLP

ABSOLUTE COLLECTION SERVICES, LLC

9

By:/s/ Rex D. Garner
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Ctr. Circle, #200
Las Vegas, NV 89134

By: /s/ Shane D. Cox
Shane D. Cox, Esq.
Nevada Bar No. 13852
9620 Windom Point Avenue
Las Vegas, NV 89129

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11
12
13

Attorneys for Absolute Collection Services, LLC

Attorneys for Plaintiff
14
15
16
17
18
19
20

BOYACK ORME & TAYLOR
By:/s/ Christopher Anthony
CHRISTOPHER ANTHONY, ESQ.
Nevada Bar No. 009748
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
ORDE
Attorneys IS SO ORDERED:
for Giavanna Homeowners Association
IT

21
22
23
24
25

ORDER
IT IS SO ORDERED:
January 31, 2020
DATED: ______________
______________________________________
UNITED STATES DISTRICT JUDGE
Case No.: 2:16-cv-00612-JCM-DJA

26
27
28
2