The Bank Of New York Mellon v. Seven Hills Master Community Association, et al

Filing 69

ORDER TO RELEASE BOND. Signed by Judge Andrew P. Gordon on 3/5/2020. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

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1 2 3 4 5 6 7 8 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 REX D. GARNER, ESQ. Nevada Bar No. 9401 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: natalie.winslow@akerman.com Email: rex.garner@akerman.com Attorneys for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-65CB Mortgage Pass-Through Certificates, Series 2005-65CB AKERMAN LLP UNITED STATES DISTRICT COURT 10 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 DISTRICT OF NEVADA 11 12 13 14 15 16 17 18 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHODLERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-65CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-65CB, Plaintiff, vs. SEVEN HILLS MASTER COMMUNITY ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; ALESSI & KOENIG, LLC; DOE INDIVIDUALS I-X, inclusive; and ROE CORPORATIONS I-X, inclusive, 19 20 21 Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant, 22 23 24 25 26 27 vs. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-65CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-65CB; and GABY KHAWAM, an individual, Counter/Cross Defendants. 28 1 52277970;1 Case No.: 2:16-cv-01128-APG-NJK ORDER TO RELEASE BOND 1 SFR Investments Pool 1, LLC demanded Bank of New York Mellon, formerly known as Bank 2 of New York, as Trustee for the Certificateholders of Cwalt, Inc., alternative Loan Trust 2005-65CB 3 Mortgage Pass-Through Certificates, Series 2005-65CB (Bank of New York Mellon) post a cost 4 bond pursuant to NRS 18.130(1) (ECF 12). A $500 cash deposit was subsequently made by Akerman 5 LLP on behalf of Bank of New York Mellon (ECF 15). The purpose of the cost bond is to provide 6 "security for the costs and charges which may be awarded against [the] plaintiff…" NRS 18.130(1). 7 The court granted judgment in favor of Ditech (ECF 65). Since no costs may be awarded against 8 Bank of New York Mellon and this matter is now concluded, the court will refund the $500 deposit 9 plus interest to Akerman, LLP. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 IT IS SO ORDERED. 11 Dated: 3/5/2020 ________________ 2020. 12 13 DISTRICT COURT DISTRICT JUDGE UNITED STATES JUDGE Submitted by: 14 15 AKERMAN LLP 16 17 18 19 20 21 22 23 24 /s/ Rex D. Garner NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 REX D. GARNER, ESQ. Nevada Bar No. 9401 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Attorneys for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-65CB Mortgage Pass-Through Certificates, Series 2005-65CB 25 26 27 28 2 52277970;1

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