Bank of America N.A. v. Operture Inc. et al

Filing 87

ORDER granting 86 Stipulation of Dismissal as to George Peter Lee and Indigo Homeowner's Association; Signed by Judge Andrew P. Gordon on 1/8/2019. (Copies have been distributed pursuant to the NEF - JM)

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WRIGHT, FINLAY & ZAK, LLP
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, Bank of America, N.A.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BANK OF AMERICA, N.A.,
Case No.: 2:16-cv-01692-APG-GWF

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Plaintiff,

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vs.
OPERTURE INC., a corporation; BRIDGER
INVESTMENT LLC, a Nevada limited liability
company; GEORGE PETER LEE; ALESSI &
KOENIG, LLC, a Nevada limited liability
company; INDIGO HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; and DOES I through X, and ROE
CORPORATIONS I through X, inclusive,

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STIPULATION AND ORDER TO
DISMISS ALL CLAIMS BETWEEN
BANK OF AMERICA, N.A. AND
GEORGE PETER LEE AND INDIGO
HOMEOWNERS’ ASSOCIATION

Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, BANK OF

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AMERICA, N.A., (“BANA” or “Plaintiff”), by and through its attorneys of record, R. Samuel

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Ehlers, Esq. and Aaron D. Lancaster, Esq., of the law firm of Wright, Finlay & Zak, LLP, and

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Defendants, GEORGE PETER LEE (“Mr. Lee”), by and through its counsel of record, Troy P.

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Domina, Esq. and INDIGO HOMEOWNERS ASSOCIATION (“HOA”), through its counsel of

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record T. Chase Pittsenbarger, Esq., hereby stipulate and agree as follows:

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1.

This action concerns title to real property commonly known as 9268 Lapeer

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Street, Las Vegas, Nevada 89178 (“Property”) following a homeowner’s association foreclosure

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sale conducted on December 17, 2014, with respect to the Property.

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2.

As it relates to BANA, Mr. Lee and HOA (collectively referred to as the

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“parties”), a dispute arose regarding that certain Deed of Trust recorded against the Property in

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the Official Records of Clark County, Nevada as Instrument Number 20070126-0004487 (“Deed

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of Trust”), and in particular, whether the Deed of Trust continues to encumber the Property.

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3.

This Stipulation and Order is the result of a compromise resolution of this action

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and shall not constitute or be construed as an admission of the facts or legal conclusions at issue

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in this action, or an admission as to the validity of the allegations in future actions.

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4.

With respect to this dispute, the Parties have entered into confidential settlement

agreements.

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5.

Plaintiff expressly reserves all rights and interests in the loan secured by the Deed

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of Trust, as well as its claims against Alessi & Koenig, LLC, including but not limited to, any

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actions to seek a deficiency judgment.

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6.

The Parties have resolved all of their claims and disputes, and stipulate and agree

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to the dismissal of all claims among them with prejudice, with each party to bear its own costs

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and attorneys’ fees.

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7.

The Parties further stipulate and agree that a copy of this Stipulation and Order

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may be recorded with the Clark County Recorder.

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IT IS SO STIPULATED.
JANUARY 8TH, 2019

JANUARY 8TH, 2019

WRIGHT FINLAY & ZAK

LEACH JOHNSON SONG & GRUCHOW

By: /s/__Aaron Lancaster_____
Aaron D Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
Plaintiff, Bank of America, N.A.

By: /s/ __Chase Pittsenbarger____
Sean L. Anderson, Esq.
Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
8945 W. Russell Road, Suite 330
Las Vegas, NV 89148
Attorneys for Defendant Indigo
Homeowners’ Association

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JANUARY 8TH, 2019

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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By: /s/ Troy P. Domina________________
Troy P. Domina, Esq.
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Attorneys for Defendant George Peter
Lee

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ORDER

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IT IS SO ORDERED.
Dated: January 8, 2019.
Dated this ____ day of ______________, 2019.

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_____
UNITED STATES DISTRICT COURT JUDGE

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