The Bank Of New York Mellon v. Tramonto Villaggio Homeowners Association et al

Filing 72

ORDER granting 71 Stipulation of Dismissal with prejudice as to Tramonto Villaggio Homeowners Association; Signed by Judge Kent J. Dawson on 7/11/2019. (Copies have been distributed pursuant to the NEF - JM)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon fka
The Bank of New York as Successor in Interest to
JPMorgan Chase Bank, N.A. as Trustee for
Structured Asset Mortgage Investments II Trust
2006-AR6, Mortgage Pass-Through Certificates
Series 2006-AR6
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

AKERMAN LLP

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

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE
BANK,
N.A.,
AS
TRUSTEE
FOR
STRUCTURED
ASSET
MORTGAGE
INVESTMENTS
II
TRUST
2006-AR6,
MORTGAGE
PASS-THROUGH
CERTIFICATES SERIES 2006-AR6,

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v.

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TRAMONTO VILLAGGIO HOMEOWNERS
ASSOCIATION; DAISY TRUST; and ALESSI
& KOENIG, LLC,

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STIPULATION TO DISMISS TRAMONTO
VILLAGGIO HOMEOWNERS
ASSOCIATION

Plaintiff,

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Case No.: 2:16-cv-01897-KJD-GWF

Defendants.
DAISY TRUST
Counter-Claimant,
v.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE
BANK,
N.A.,
AS
TRUSTEE
FOR
STRUCTURED
ASSET
MORTGAGE
INVESTMENTS
II
TRUST
2006-AR6,
MORTGAGE
PASS-THROUGH
CERTIFICATES SERIES 2006-AR6,
Counter-Defendant.

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49386433;1

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Plaintiff and counter-defendant The Bank of New York Mellon fka The Bank of New York

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as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage

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Investments II Trust 2006-AR6, Mortgage Pass-Through Certificates Series 2006-AR6 (BoNYM)

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and defendant Tramonto Villaggio Homeowners Association (Tramonto) stipulate as follows:

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1.

This matter relates to real property located at 9576 Trattoria Street, Las Vegas,

Nevada 89178-8261, APN No. 17621811012, described as:

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PARCEL I:

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LOT TWELVE (12) OF FINAL MAP OF MOUNTAINS EDGE 116 (A COMMON
INTEREST COMMUNITY), AS SHOWN BY MAP THEREOF ON FILE IN
BOOK 120, OF PLATS, PAGE 39 IN THE OFFICE OF THE COUNTY
RECORDER OR CLARK COUNTY, NEVADA.

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AKERMAN LLP

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

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PARCEL II:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ENJOYMENT
IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP
REFERRED TO ABOVE AND AS FURTHER DESCRIBED IN THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TRAMONTO VILLAGIO RECORDED JANUARY 4, 2005 IN BOOK 20050104
AS DOCUMENT NO. 01524 AS OFFICIAL RECORDS.

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(the property).

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2.

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BoNYM is the beneficiary of record of a deed of trust encumbering the property

recorded with the Clark County Recorder on June 21, 2006, as Instrument No. 20060621-0001036.
3.

On September 25, 2012, Alessi & Koenig, LLC recorded a trustee's deed upon sale

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with the Clark County Recorder, as Instrument No. 201209250000454, reflecting defendant Daisy

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Trust purchased the property at a foreclosure sale of the property held on September 19, 2012 (the

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foreclosure deed).

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4.

BoNYM and Tramonto have entered into a confidential settlement agreement in

which they have settled all claims between them in this case.
5.

Among other things in the settlement agreement, Tramonto agrees it no longer has an

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interest in the property for purposes of this action vis a vis the deed of trust. This disclaimer of

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interest does not apply to the continuing encumbrance of Tramonto's declaration of covenants,

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conditions and restrictions, and any governing documents adopted thereunder, easements, servitudes,

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or other rights and interests in the property as governed by NRS chapter 116. Tramonto further
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49386433;1

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agrees it will take no position in this action or in any subsequent action regarding whether the deed

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of trust survived Tramonto's foreclosure sale.

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6.

BoNYM and Tramonto further stipulate and agree that all claims in this matter

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asserted by BoNYM against Tramonto are dismissed in their entirety with prejudice, with each party

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to bear its own attorneys' fees and costs.

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7.

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DATED July 9, 2019.

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BoNYM and Tramonto request the court enter an order approving this stipulation.

AKERMAN LLP

BOYACK ORME & ANTHONY

/s/ Patricia Larsen
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Christopher B. Anthony
CHRISTOPHER B. ANTHONY, ESQ.
Nevada Bar No. 9743
7432 W. Sahara Avenue
Las Vegas, Nevada 89117

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AKERMAN LLP

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

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Attorneys for defendant Tramonto Villaggio
Homeowners Association

Attorneys for plaintiff and counter-defendant
The Bank of New York Mellon fka The Bank of
New York as Successor in Interest to JPMorgan
Chase Bank, N.A. as Trustee for Structured
Asset Mortgage Investments II Trust 2006-AR6,
Mortgage Pass-Through Certificates Series
2006-AR6

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IT IS SO ORDERED.
_________________________________________
UNITED STATES DISTRICT COURT JUDGE
Case No.: 2:16-cv-01897-KJD-GWF

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DATED: July 11, 2019

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.

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49386433;1