Wells Fargo Financial Nevada 2, Inc. v. The Eagle and the Cross LLC et al

Filing 35

ORDER Granting 34 Stipulation of Dismissal as to Sunrise Villas V Homeowner's Association without prejudice. Signed by Judge James C. Mahan on 7/17/17. (Copies have been distributed pursuant to the NEF - ADR)

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Jeffrey Willis, Esq.
Nevada Bar No. 4797
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff and CounterDefendant Wells Fargo Financial Nevada 2,
Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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WELLS FARGO FINANCIAL NEVADA 2,
INC., a domestic corporation,

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Plaintiff,

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vs.

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THE EAGLE AND THE CROSS LLC, a
foreign limited-liability company; SUSAN
PATCHEN, an individual; SUNRISE VILLAS
V HOMEOWNERS’ ASSOCIATION, a
Nevada non-profit coop corporation; NEVADA
ASSOCIATION SERVICES, INC., a Nevada
corporation;

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Case No. 2:16-cv-01775-JCM-GWF

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STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF SUNRISE VILLAS V
HOMEOWNERS’ ASSOCIATION

Defendants.

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AND ALL RELATED ACTIONS

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This Stipulation and Order for Dismissal without Prejudice of Sunrise Villas V

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Homeowners’ Association (“Stipulation”) is entered into as of the date below by and between

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Wells Fargo Financial Nevada 2, Inc., (“Wells Fargo”) and Sunrise Villas V Homeowners’

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Association (“Sunrise Villas” and collectively with Wells Fargo, the “Parties”). The Parties

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4829-4027-1691

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hereby stipulate and agree as follows:

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WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving

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that real property in Clark County, Nevada with APN 163-13-713-005, commonly known as

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3156 Sonata Drive, Las Vegas, Nevada 89121 (the “Property”);

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WHEREAS, the Plaintiff filed this action on July 26, 2016, and alleges several causes of
action against Sunrise Villas; and

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WHEREAS, Sunrise Villas disclaims any interest in title to the Property.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

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1.

Sunrise Villas shall be bound by any non-monetary final order, judgment, or

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decree as to the disposition of the Property and the validity of the NRS 116 foreclosure sale of

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the Property.

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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2.

The Complaint is dismissed without prejudice as to Sunrise Villas only, with each

party to bear their own fees/costs.

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3.

Any statute of limitations for the causes of action asserted against Sunrise Villas,

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which Sunrise Villas may allege have expired since the Complaint was filed on July 26, 2016,

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shall be tolled as of the filing date until this litigation is fully and finally resolved.

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4.

Sunrise Villas represents that it has produced all documents in its possession

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related to the litigation and the Property. To the extent additional documents are discovered,

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Sunrise Villas agrees to produce those documents to the parties remaining in the litigation.

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5.

Upon proper notice by Plaintiff in accord with the Federal Rules of Civil

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Procedure, Sunrise Villas shall make available a knowledgeable witness for deposition limited to

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the claims and defenses of the parties remaining in the litigation as those claims and defenses

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relate to the assessment lien foreclosure sale of the Property, and subject to any and all

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applicable objections. Sunrise Villas shall be provided 30 days’ notice of the deposition, and an

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opportunity to coordinate with all remaining Parties concerning a mutually convenient time, date

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and location of such deposition.

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6.

The Parties reserve any and all rights, privileges, and defenses under applicable

law.
4829-4027-1691

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Wherefore, the undersigned request this Court enter an Order granting the above

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stipulation.

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Dated: July 13, 2017.

Dated: July 13, 2017.

BOYACK ORME & ANTHONY

SNELL & WILMER L.L.P.

By: /s/ Colli McKiever
Colli McKiever, Esq.
Nevada Bar No. 13724
401 N. Buffalo Drive, Suite #202
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]

By: /s/ Wayne Klomp
Jeffrey Willis, Esq.
Nevada Bar No. 4797
Wayne Klomp, Esq.
Nevada Bar No. 10109
50 West Liberty Street, Suite 510
Reno, Nevada 89501

Attorneys for Sunrise Villas V Homeowners’
Association

Attorneys for Wells Fargo Financial Nevada 2,
Inc.

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED:

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4829-4027-1691

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July 17, 2017

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CERTIFICATE OF SERVICE

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I hereby certify that on this date, I electronically filed the foregoing with the Clerk of
Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.

Dated: July 13, 2017

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/s/ Lara J. Taylor
An Employee of Snell & Wilmer L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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4829-4027-1691

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