Ditech Financial, LLC v. SFR Investment Pool 1, LLC et al

Filing 68

ORDER Granting 67 Stipulation of Dismissal. IT IS HEREBY ORDERED that plaintiff's claims against Montenegro Estates are DISMISSED with prejudice, each side to bear its own fees and costs. IT IS FURTHER ORDERED that all remaining parties mu st file a stipulated dismissal of all remaining claims or a joint status report explaining when such a dismissal will be filed by 8/31/2020. Signed by Judge Jennifer A. Dorsey on 8/25/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-01880-JAD-EJY Document 67 Filed 08/25/20 Page 1 of 2
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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
REX D. GARNER, ESQ.
Nevada Bar No. 9401
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for The Bank of New York Mellon fka The Bank of New York as Trustee for
the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2007-BC1

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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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
CWABS,
INC.,
ASSET-BACKED
CERTIFICATES, SERIES 2007-BC1, a Delaware
corporation,

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Plaintiff,
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vs.

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SFR INVESTMENTS POOL I, LLC, a Nevada
Limited Liability Company; MONTENEGRO
ESTATES, a Nevada Non-Profit Corporation, and
NEVADA ASSOCIATION SERVICES, INC., a
Nevada Limited Liability Company,

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Defendants.
SFR INVESTMENTS POOL 1, LLC, a Nevada
Limited Liability Company,
Counter-Claimant,

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vs.

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWABS,
INC.,
ASSET-BACKED
CERTIFICATES, SERIES 2007-BC1, a Delaware
corporation; JOSEPH GROSS, an individual;
TONI ANN VITTA GROSS, an individual,

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Counter-Defendant/
Cross-Defendants.
54350360;1

Case No.: 2:16-cv-01880-JAD-EJY
STIPULATION AND ORDER FOR
DISMISSAL OF THE BANK OF NEW
YORK MELLON FKA THE BANK OF
NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWABS,
INC., ASSET-BACKED CERTIFICATES,
SERIES 2007-BC1'S CLAIMS AGAINST
MONTENEGRO ESTATES, WITH
PREJUDICE

ECF No. 67

Case 2:16-cv-01880-JAD-EJY Document 67 Filed 08/25/20 Page 2 of 2
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Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff/Counter-

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Defendant The Bank of New York Mellon fka The Bank of New York as Trustee for the

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Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2007-BC1 (BoNYM) and

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Defendant Montenegro Estates (Montenegro), by and through their respective counsel of record,

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hereby stipulate and agree to the dismissal of BoNYM's claims against Montenegro with prejudice.

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Each party shall bear their own attorney's fees, prejudgment interest, and costs of suit

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associated with this dismissal. This stipulation and dismissal do not affect any other claims or

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parties in this lawsuit.

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DATED August 25, 2020.

DATED August 25, 2020.

AKERMAN LLP

LEACH KERN GRUCHOW ANDERSON SONG

/s/ Rex D. Garner
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevaa Bar No. 12125
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ T. Chase Pittsenbarger
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
T. CHASE PITTSENBARGER, ESQ.
Nevada Bar No. 13740
2525 Box Canyon Drive
Las Vegas, NV 89128

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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Attorneys for Montenegro Estates

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Attorneys for The Bank of New York Mellon fka
The Bank of New York as Trustee for the
Certificateholders of CWABS, Inc., Asset-Backed
Certificates, Series 2007-BC1

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ORDER

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IT IS SO ORDERED.
Based on the stipulation between the plaintiff and defendant Montenegro Estates [ECF

No. 67] and good cause appearing, IT IS HEREBY ORDERED that plaintiff's claims against
Montenegro Estates are DISMISSED with prejudice, each side to bear its own fees and
UNITED STATES DISTRICT COURT JUDGE
costs.
Case No.: 2:16-cv-01880-JAD-EJY

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On 5/6/2020, the SFR and Bank parties filed notice that they had reached settlement
and needed 90 days “to finalize and complete the terms for settlement.” ECF No. 66. Those
90 days have passed. IT IS FURTHER DATED
ORDERED that all remaining parties must file a
stipulated dismissal of all remaining claims or a joint status report explaining when
such a dismissal will be filed by 8/31/2020.
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54350360;1

_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: August 25, 2020