Bank of America, N.A. v. Tierra De Las Palmas Owners Association et al

Filing 34

ORDER granting 33 Stipulation to Substitute Airmotive Ivenstments, LLC in place of Las Vegas Development Group, LLC; Signed by Magistrate Judge Nancy J. Koppe on 9/10/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01362-APG-NJK Document 33 Filed 09/09/19 Page 1 of 4

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
LAS VEGAS DEVELOPMENT GROUP, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

)
)
Plaintiff, )
)
vs.
)
)
TIERRA DE LAS PALMAS OWNERS
)
ASSOCIATION; LAS VEGAS
)
DEVELOPMENT GROUP, LLC; ABSOLUTE )
COLLECTION SERVICES, LLC,
)
)
Defendants. )
)

STIPULATION TO SUBSTITUTE PARTIES

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Case No. 2:16-cv-01362-APG-NJK

COMES NOW Defendants, LAS VEGAS DEVELOPMENT GROUP, LLC (“LVDG”);

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TIERRA DE LAS PALMAS OWNERS ASSOCIATION (“HOA”); and ABSOLUTE

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COLLECTION SERVICES, LLC (“ACS”); Plaintiff, BANK OF AMERICA, N.A. (“BANA”);

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and proposed Defendant, AIRMOTIVE INVESTMENTS, LLC (“Airmotive”), by and through

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their undersigned counsel, and hereby stipulate and agree as follows:

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1.

On June 16, 2016, BANA filed this action seeking various relief related to a deed

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of trust recorded against real property commonly known as 4920 Little Cayman

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Street, North Las Vegas, Nevada 89031 (“the “Property”) and a homeowners

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Page 1 of 4

4920 Little Cayman

Case 2:16-cv-01362-APG-NJK Document 33 Filed 09/09/19 Page 2 of 4

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association lien foreclosure sale related thereto, which was conducted by ACS on

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behalf of HOA.

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2.

acquired title to the Property.

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3.

At the time the Plaintiff filed this action, LVDG was the record title holder of the
Property.

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LVDG presented the prevailing bid at the HOA’s foreclosure sale and thereby

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LVDG subsequently transferred and conveyed its interest in the Property to

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Airmotive on or about December 16, 2016, by way of a Grant Deed recorded in

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the office of the Clark County Recorder on January 5, 2017, as Instrument No.
20170105:0002758.

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5.

Airmotive is currently the record title holder of the Property.

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6.

LVDG no longer claims any right, title or interest in the Property.

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7.

Airmotive shall be substituted as a defendant in this action as the real party in

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interest in the place and stead of LVDG. LVDG shall be dismissed from this

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action without prejudice. All claims and defenses asserted by and against LVDG

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in this action shall be deemed to equally apply to Airmotive and the case caption

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shall be appropriately amended.

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Dated this

9th

day of September, 2019.

ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN, LLP

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/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendant
Las Vegas Development Group, LLC and
Airmotive Investments, LLC

/s/ Rex D. Garner
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Center Cir., Suite 200
Las Vegas, NV 89134
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

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4920 Little Cayman

Case 2:16-cv-01362-APG-NJK Document 33 Filed 09/09/19 Page 3 of 4

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ABSOLUTE COLLECTION SERVICES,
LLC

LEACH KERN GRUCHOW ANDERSON
SONG

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
7485 W. Azure Dr., Suite 129
Las Vegas, NV 89130
702-531-3394
702-531-3396 (fax)
[e-mail]
Attorney for Defendant
Absolute Collection Services, LLC

/s/ Ryan D. Hastings
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
RYAN D. HASTINGS, ESQ.
Nevada Bar No. 12394
2525 Box Canyon Drive
Las Vegas, NV 89128
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Attorney for Defendant
Tierra de Las Palmas Owners Association

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IT IS SO ORDERED.
By:
Judge, States Magistrate
UnitedU.S. District Court Judge

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Dated:

September 10, 2019

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4920 Little Cayman