Bank of America, N.A. et al v. Inspirada Community Association et al

Filing 28

ORDER granting 27 Stipulation to Substitute Parties; Signed by Magistrate Judge Elayna J. Youchah on 10/28/2019. (Copies have been distributed pursuant to the NEF - JM)

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
LVDG, LLC [SERIES 128]

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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BANK OF AMERICA, N.A., successor by
merger to BAC HOME LOANS SERVICING,
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP,

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Plaintiff,

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vs.

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INSPIRADA COMMUNITY ASSOCIATION;
LVDG LLC SERIES 128; LEACH JOHNSON
SONG & GRUCHOW,

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Defendants.

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Case No. 2:16-cv-01932-APG-EJY

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STIPULATION TO SUBSTITUTE PARTIES
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COMES NOW Plaintiff, BANK OF AMERICA, N.A., successor by merger to BAC
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HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP
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(“BANA”); Defendant, LVDG, LLC SERIES 128 (“LVDG”); Defendants, INSPIRADA
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COMMUNITY ASSOCIATION (“HOA”) and LEACH JOHNSON SONG & GRUCHOW; and
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proposed Defendant, AIRMOTIVE INVESTMENTS, LLC (“Airmotive”), by and through their
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undersigned counsel, and hereby stipulate and agree as follows:
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3177 Degas Tapestry

1.

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On August 15, 2016, BANA filed this action seeking various relief related to a

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deed of trust recorded against real property commonly known as 3177 Degas

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Tapestry Avenue, Henderson, Nevada 89044 (“the “Property”) and a

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homeowners association lien foreclosure sale related thereto.
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LVDG presented the prevailing bid at the HOA’s foreclosure sale and thereby
acquired title to the Property.

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3.

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At the time the Plaintiff filed this action, LVDG was the record title holder of the
Property.

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4.

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LVDG subsequently transferred and conveyed its interest in the Property to

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Airmotive, a similarly owned entity, on or about December 16, 2016, by way of a

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Grant Deed recorded in the office of the Clark County Recorder on January 5,

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2017, as Instrument No. 20170105-0003305.

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5.

Airmotive is currently the record title holder of the Property.

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6.

LVDG no longer claims any right, title or interest in the Property.

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3177 Degas Tapestry

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7.

Airmotive shall be substituted as a defendant in this action as the real party in

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interest in the place and stead of LVDG. LVDG shall be dismissed from this

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action without prejudice. All claims and defenses asserted by and against LVDG

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in this action shall be deemed to equally apply to Airmotive and the case caption

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shall be appropriately amended.
25th

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Dated this

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day of October, 2019.

ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN, LLP

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/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendants
LVDG, LLC [Series 128] and
Airmotive Investments, LLC

/s/ Rex D. Garner
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Center Cir., Suite 200
Las Vegas, NV 89134
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

LEACH KERN GRUCHOW
ANDERSON SONG

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/s/ T. Chase Pittsenbarger,
TIMOTHY C. PITTSENBARGER, ESQ.
Nevada Bar No. 13740
2525 Box Canyon Drive
Las Vegas, NV 89128
702-538-9074
702-538-9113 (fax)
[e-mail]
Attorneys for Defendants
Inspirada Community Association and
Leach Kern Gruchow Anderson Song
IT IS SO ORDERED.

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By:
United States Magistrate Judge

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Dated:

October 28, 2019

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3177 Degas Tapestry