DCR Mortgage 1, LLC v. Gary L. Sylver

Filing 58

ORDER Vacating 57 Order on Stipulation of Dismissal. Case is dismissed without prejudice. Signed by Chief Judge Gloria M. Navarro on 8/21/2018. (Copies have been distributed pursuant to the NEF - JM)

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Edward D. Vaisbort, Esq. (SBN 6153)
MICHELMAN & ROBINSON, LLP
10880 Wilshire Blvd., 19th Floor
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
DCR MORTGAGE 1, LLC
John P. Desmond, Esq. (SBN 5618)
DICKINSON WRIGHT, PLLC
8363 West Sunset Rd., Suite 200
Las Vegas, NV 89113
Attorneys for Plaintiff,
DCR MORTGAGE 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DCR MORTGAGE 1, LLC, a Delaware
Limited Liability Company,

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Case No.: 2:16-CV-01787-GMN-NJK

Plaintiff,

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vs.
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GARY L. SYLVER, an individual, and DOES
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Defendants.

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STIPULATION AND [PROPOSED] ORDER TO DISMISS WITHOUT PREJUDICE
Plaintiff DCR Mortgage 1, LLC (“Plaintiff’), and Defendant Gary L. Sylver, by and
through their respective counsel of record, hereby stipulate and agree as follows:
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On December 20, 2017, the United States Bankruptcy Court for the District of

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Nevada entered an Order of Discharge in favor of Defendant, Case No. 17-15002-leb. (ECF

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No. 47).

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2.

Since that time, the parties disputed whether the bankruptcy case has been fully

resolved with regard to Plaintiff’s claim. (ECF Nos. 52 and 54).
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STIPULATION AND [PROPOSED] ORDER TO DISMISS WITHOUT PREJUDICE

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3.

At this time, based on Defendant’s contentions that the discharge bars claims

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against him, Plaintiff has determined that it should refrain from further pursuing its claims in

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this case.

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4.

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Therefore, the parties agree that all claims in this case should be dismissed,

without prejudice, with each party to bear his/its own fees and costs.

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Respectfully Submitted,

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DATED: July 16, 2018

DATED: July 16, 2018

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MICHELMAN & ROBINSON, LLP

DICKINSON WRIGHT, PLLC

By:

By:

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/s/ Edward D. Vaisbort
EDWARD D. VAISBORT
Attorney for Plaintiff,
DCR MORTGAGE 1, LLC

/s/ John P. Desmond
JOHN P. DESMOND
Attorney for Plaintiff,
DCR MORTGAGE 1, LLC

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DATED: July 16, 2018.

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LAW OFFICES OF THOMAS R. PORT

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By:

/s/ Thomas R. Port
Thomas R. Port, Esq.
Attorney for Defendant,
GARY L. SYLVER

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***

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ORDER

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IT IS HEREBY ORDERED that the Court's prior Order Granting the Stipulation of
Dismissal, (ECF No. 57), is vacated in light of this Order.

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IT IS FURTHER ORDERED that pursuant to the stipulation of the parties, the case
is dismissed without prejudice. Each side to bear their own costs and fees.
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Dated this ___ day of August, 2018.

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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STIPULATION AND [PROPOSED] ORDER TO DISMISS WITHOUT PREJUDICE

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CERTIFICATE OF SERVICE
I certify that I am an employee of DICKINSON WRIGHT PLLC, and that on this date,
pursuant to Fed. R. Civ. P. 5(b); I am serving a true and correct copy of the attached

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STIPULATION AND [PROPOSED] ORDER TO DISMISS WITHOUT PREJUDICE on
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the party listed below through the United States District Court’s CM/ECF filing system:

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Thomas R. Port, Esq.
2020 Pama Lane
Las Vegas, NV 89119

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DATED this 16th day of July, 2018.

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/s/ Cindy S. Grinstead
An employee of DICKINSON WRIGHT PLLC