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

Filing 137

ORDER DISMISSING ALL REMAINING CLAIMS AND RELEASING LIS PENDENS on ECF No. 136 Stipulation : This stipulation dismisses all remaining claims against all parties such that this matter may be closed, but does not affect the clerk's entry of default (ECF No. 92 ) against cross-claim defendant James Carlson, entered on March 7, 2019. Signed by Chief Judge Miranda M. Du on 12/30/2020. (Copies have been distributed pursuant to the NEF - DRM)

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Case 2:16-cv-00691-MMD-EJY Document 137 Filed 12/30/20 Page 1 of 2 1 2 3 4 5 6 7 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 HOLLY E. WALKER, ESQ. Nevada Bar No. 14295 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: holly.walker@akerman.com Attorneys for Bank of America, N.A. UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 BANK OF AMERICA, N.A., 11 12 13 14 Case No.: 2:16-cv-00691-MMD-EJY Plaintiff, v. SPANISH BAY HOMEOWNERS ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; SFR INVESTMENTS POOL 1, LLC, 15 ORDER DISMISSING ALL REMAINING CLAIMS AND TO RELEASE LIS PENDENS Defendants. 16 17 Bank of America, N.A. (BANA) and SFR Investments Pool 1, LLC (SFR) stipulate to 18 dismiss (1) BANA's claims against SFR, Spanish Bay Homeowners Association, and Nevada 19 Association Services, Inc.; and (2) SFR's claims against BANA, with each party to bear its own 20 attorneys' fees and costs. This stipulation dismisses all remaining claims against all parties such that 21 this matter may be closed, but does not affect the clerk's entry of default against cross-claim 22 defendant James Carlson, entered on March 7, 2019. (ECF No. 92.) 23 BANA and SFR further stipulate that (1) the notice of lis pendens, recorded with the Clark 24 County Recorder on March 31, 2016, as Instrument No. 201603310003097; and (2) the notice of lis 25 pendens recorded on June 24, 2016, as Instrument No. 201606240000077, in relation to the above 26 entitled action, are released. This release affects title to the real property located at 5674 Snow Drop Street, Las Vegas, 27 28 Nevada 89113, and legally described as follows: 1 55536944;1 Case 2:16-cv-00691-MMD-EJY Document 137 Filed 12/30/20 Page 2 of 2 1 PARCEL ONE (1): LOT FORTY-SEVEN (47) IN BLOCK ONE (1) OF AMENDED FINAL MAP OF SPANISH BAY AS SHOWN BY MAP THEREOF ON FILE IN BOOK 80 OF PLATS, PAGE 86 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA. 2 3 4 PARCEL TWO (2): A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, USE AND ENJOYMENT INTO AND OVER ALL COMMON AREAS AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT AND RESERVATION OF EASEMENTS FOR SPANISH BAY HOMEOWNERS ASSOCIATION RECORDED JUNE 11, 1997 IN BOOK 970611 AS DOCUMENT NO. 02608 OF OFFICIAL RECORDS, WHICH EASEMENT IS APPURTENANT TO PARCEL ONE (1). 5 6 7 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 and more particularly identified in the official records of the Clark County Recorder as APN: 163-27-415-047. 12 DATED December 29, 2020. 13 AKERMAN LLP KIM GILBERT EBRON 14 17 /s/ Holly E. Walker, Esq. MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 HOLLY E. WALKER, ESQ. Nevada Bar No. 14295 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 18 Attorneys for Bank of America, N.A. /s/ Jacqueline A. Gilbert, Esq. DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 JASON G. MARTINEZ, ESQ. Nevada Bar No. 13375 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 15 16 19 Attorneys SFR Investments Pool 1, LLC 20 It is so ordered. 21 22 DATED THIS 30th Day of December 2020. 23 24 ______________________________________ MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 25 26 27 28 2 55536944;1

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