The Bank of New York Mellon v First Light Homeowners Association et.al.,

Filing 23

ORDER. The court construes 22 this stipulation to dismiss plaintiff's claims against Defendant Saticoy Bay LLC Series 5969 High Stead as a joint motion under Local Rule 7-1(c) because it was signed by fewer than all parties to this case. Good cause appearing, it is HEREBY ORDERED that 22 the joint motion is GRANTED, and all claims against Saticoy Bay are DISMISSED, each party to bear its own fees and costs. IT IS FURTHER ORDERED that 20 Saticoy Bay's Motion to Dismiss is DENIED as moot. Signed by Judge Jennifer A. Dorsey on 11/13/2017. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-01850-JAD-CWH Document 22 Filed 11/13/17 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. COOPER, ESQ.
Nevada Bar No. 13468
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff The Bank of New York
Mellon FKA The Bank of New York As Trustee for
the Certificateholders of the CWMBS Reperforming
Loan REMIC Trust Certificates, Series 2004-R1

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWMBS REPERFORMING LOAN REMIC
TRUST CERTIFICATES, SERIES 2004-R1,

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Case No.: 2:16-cv-01850-JAD-CWH
STIPULATION AND ORDER FOR
DISMISSAL AS TO SATICOY BAY LLC
SERIES 5969 HIGH STEED

Plaintiff,

vs.

ECF Nos. 20, 22

FIRST LIGHT HOMEOWNERS
ASSOCIATION; SATICOY BAY LLC SERIES
5969 HIGH STEED; AND HOMEOWNER
ASSOCIATION SERVICES, INC.

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Defendants.

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Plaintiff The Bank of New York Mellon FKA The Bank of New York As Trustee for the

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Certificateholders of the CWMBS Reperforming Loan REMIC Trust Certificates, Series 2004-R1

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(BoNYM), and Defendant Saticoy Bay LLC Series 5969 High Steed (Saticoy) stipulate as follows:

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Response is currently due on November 15, 2017.

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Saticoy filed its motion to dismiss on November 1, 2017. [ECF No. 20]. BoNYM's

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The parties hereby stipulate and agree to dismiss BoNYM’s complaint as against

Saticoy, without prejudice, each party to bear their own costs.

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43355111;1

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Case 2:16-cv-01850-JAD-CWH Document 22 Filed 11/13/17 Page 2 of 3

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3.

The parties further agree to the withdrawal of Saticoy’s motion to dismiss, ECF No.

20, as moot.
Dated: November 13, 2017

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AKERMAN LLP

GEISENDORF & VILKIN, PLLC

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/s/ Thera A. Cooper
MELANIE MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. COOPER, ESQ.
Nevada Bar No. 13468
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

/s/Charles L. Gesendorf
CHARLES L. GEISENDORF, ESQ.
Nevada Bar No. 6985
2470 St. Rose Parkway, Suite 309
Henderson, Nevada 89074

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Attorneys for The Bank of New York Mellon FKA
The Bank of New York As Trustee for the
Certificateholders of the CWMBS Reperforming
Loan REMIC Trust Certificates, Series 2004-R1

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ORDER

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Attorneys for
Saticoy Bay LLC Series 5969 High Stead

IT IS SO ORDERED:

The court construes this stipulation to dismiss plaintiff’s claims against Defendant Saticoy
Bay LLC Series 5969 High Stead [ECF No. 22] as a joint motion under Local Rule 7-1(c)
_________________________________________
because it was signed by fewer than all parties to this DISTRICT COURT JUDGE it is
UNITED STATES case. Good cause appearing,
HEREBY ORDERED that the joint motion [ECF No. 22] is GRANTED, and all claims
against Saticoy Bay are DISMISSED, each party to bear its own fees and costs. IT IS
DATED: _________________________________
FURTHER ORDERED that Saticoy Bay’s Motion to Dismiss [ECF 20] is DENIED as moot.

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_____________________________
________________
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U.S. District Judge Jennife Dorsey
District Judge Je n
trict
Jennifer
November 13, 2017

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43355111;1

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