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

Filing 142

DEFAULT JUDGMENT - The Motion for Default Judgment against James Carlson (ECF No. 140 ) is granted. Carlson, any successors and assigns, have no right, title or interest in the Property and that SFR is the rightful title owner. This judgment does not adjudicate SFR's claims against, or the defenses of, any other party to this case. Signed by Chief Judge Miranda M. Du on 5/25/2021. (Copies have been distributed pursuant to the NEF - AB)

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

UNITED STATES DISTRICT COURT

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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

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JUDGMENT BY DEFAULT AGAINST
JAMES CARLSON

Plaintiff,

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Case No. 2:16-cv-00691-MMD-EJY

vs.
SPANISH BAY HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; SFR INVESTMENTS
POOL 1, LLC,
Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC,

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Counter/Cross Claimant,

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vs.
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BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP; and
JAMES CARLSON, an individual,
Counter/Cross Defendants.
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JUDGMENT BY DEFAULT AGAINST JAMES CARLSON

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This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) Motion for
Judgment by Default against James Carlson (“Carlson” or “Cross-Defendant”). Having considered

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the motion, including the declarations attached thereto, the Court makes the following findings of
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fact and conclusions of law:
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1.

On June 13, 2016 SFR filed a Cross-Complaint [ECF No. 22] for quiet title and injunctive

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relief against Carlson, relating to real property located at 5674 Snow Drop Street, Las Vegas,
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Nevada 89113; Parcel No. 163-27-415-047 (“the Property”).

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2.

Carlson failed to answer the complaint within the 21-day time limit set forth in FRCP 12.

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The Clerk of the Court appropriately entered a default against Carlson on March 7, 2019.
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3.

Carlson is not incompetent, an infant, or serving in the United States military.

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SFR submitted credible evidence in support of its motion in the form of documents

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obtained from the Official Records of the Clark County Recorder and declarations made under
[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against
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Carlson.
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NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and
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made the foregoing findings of fact and conclusions of law, and finding good cause,
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IT IS ORDERED, ADJUDGED AND DECREED that Carlson, any successors and
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assigns, have no right, title or interest in the Property and that SFR is the rightful title owner.
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IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims against,
or the defenses of, any other party to this case.

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UNITED STATES DISTRICT COURT JUDGE

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Dated: May 25, 2021

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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DATED this 10th day of May, 2021.
Respectfully submitted by:
KIM GILBERT EBRON
/s/ Chantel M. Schimming
CHANTEL SCHIMMING, ESQ.
Nevada Bar No. 8886
7625 Dean Martin Dr., Ste. 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, L LC

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