Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 39

ORDER Granting 38 Stipulation to Dismiss Defendant Sunrise Villas V Homeowners Association. Signed by Judge James C. Mahan on 6/21/17. (Copies have been distributed pursuant to the NEF - MR)

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Abran E. Vigil, Esq.
Nevada Bar No. 7548
Justin Shiroff
Nevada Bar No. 12869
BALLARD SPAHR LLP
100 City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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WELLS FARGO BANK, N.A. AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., GREENPOINT
MORTGAGE FUNDING TRUST 2005-AR4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR4, a
national banking association,

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Plaintiff,

v.

SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
SUNRISE VILLAS V HOMEOWNERS
ASSOCIATION; and NEVADA
ASSOCIATION SERVICES,
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

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v.

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WELLS FARGO BANK, N.A., AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II, INC., GREENPOINT
MORTGAGE FUNDING TRUST 2005-AR4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-AR-4, a

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DMWEST #16172925 v1

CASE NO.: 2:16-cv-01788-JCM-NJK

STIPULATION AND ORDER TO
DISMISS DEFENDANT SUNRISE
VILLAS V HOMEOWNERS
ASSOCIATION

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national banking association; and DEANNA
ADLER, an individual,

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Counter/Cross Defendants.

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for the Certificateholders of Structured Asset Mortgage Investments II Inc.,

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GreenPoint Mortgage Funding Trust 2005-AR4, Mortgage Pass-Through Certificates,

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Series 2005-AR4 (“Wells Fargo”) and Defendant Sunrise Villas V Homeowners

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Association (the “HOA”) (collectively, the “Parties”), through their counsel of record,

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stipulate as follows:
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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

Pursuant to Fed. R. Civ. P. 41(a), Plaintiff Wells Fargo Bank, N.A. as Trustee

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100 NORTH CITY PARKWAY, SUITE 1750

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On July 27, 2016, Chase filed its complaint in this action, naming the

HOA as a necessary party.

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2.

Chase agrees to dismiss the HOA with prejudice.

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3.

The Parties agree that the HOA, although no longer a party to this case,

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shall be bound by and will cooperate in the enforcement of any final judgment that

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this Court enters regarding quieting title and declaratory relief as between the

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remaining Defendants, Chase, and any other party, relating to their respective

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interests in property located at 3138 Espanol Dr., Las Vegas, Nevada 89121; APN

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#162-13-711-038 (the “Property”).
4.

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The HOA further agrees to participate in any third party discovery

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Chase may propound upon it after the HOA’s dismissal in accordance with the

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Federal Rules of Civil Procedure.

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///

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///

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///

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DMWEST #16172925 v1

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Dated: June 16, 2017.
Respectfully submitted,
BALLARD SPAHR LLP

BOYACK ORME & ANTHONY

By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq. (#7548)
Justin A. Shiroff, Esq. (#12869)
100 N. City Parkway, Suite 1750
Las Vegas, NV 89106
[phone]

By: _/s/ Colli C. McKiever________
Edward D. Boyack, Esq. (#5229)
Colli C. McKiever, Esq. (#13724)
7432 West Sahara Avenue
Las Vegas, NV 89117
[phone]

Attorneys for Plaintiff Wells Fargo
Bank, N.A.

Attorney for Defendant Sunrise Villas V
Homeowners Association

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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ORDER

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Based on the above stipulation between Chase and Defendant HOA and good
cause appearing therefore,
IT IS ORDERED that the HOA only shall be dismissed from this litigation
with prejudice.

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IT IS FURTHER ORDERED that the HOA shall be bound by and cooperate in

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the enforcement of any final judgment that this Court enters on the claims for

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quieting title and declaratory relief as between the remaining Defendants, Chase,

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and any other party, relating to their respective interests in the Property.

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___________________________________
DISTRICT COURT JUDGE JUDGE
UNITED STATES DISTRICT

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Dated:

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DMWEST #16172925 v1

June 21, 2017