JPMorgan Chase Bank, N.A. v. SBW Investment LLC, et al

Filing 70

ORDER granting 69 Motion to Lift Stay of Case and dismiss claims re York Village Community Assn. and SFR Investments Pool 1, LLC with prejudice; Signed by Judge James C. Mahan on 1/28/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-02012-JCM-VCF Document 69 Filed 11/19/18 Page 1 of 3

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Joel E. Tasca
Nevada Bar No. 14124
Stacy H. Rubin
Nevada Bar No. 9298
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for JPMorgan Chase Bank,
N.A.
UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs.

STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
SBW INVESTMENT, LLC, a Utah
YORK VILLAGE COMMUNITY
limited liability company; SFR
INVESTMENTS POOL 1, LLC, a Nevada ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC WITH
limited liability company;
PREJUDICE; AND 2) LIFT STAY
YORK VILLAGE COMMUNITY
ENTERED APRIL 9, 2018
ASSOCIATION, a Nevada non-profit
corporation; NEVADA ASSOCIATION
SERVICES, a Nevada corporation

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Defendants.

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SFR INVESTMENTS POOL 1, LLC,

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Counter/Cross-Claimant
vs.

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JPMORGAN CHASE BANK, N.A., and
24 LASHAUN L. POLK,
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Case No. 2:16-cv-02012-JCM-VCF

Counter/Cross-Defendants.

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Case 2:16-cv-02012-JCM-VCF Document 69 Filed 11/19/18 Page 2 of 3

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Pursuant to Rule 41 of the Federal Rules of Civil Procedure Plaintiff/Counter-

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Defendant

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Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC (“SFR”)

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and Defendant York Village Community Association (“York Village”) (collectively,

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the “Parties”), through their respective attorneys, stipulate as follows:

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1.

JPMorgan

Chase

Bank,

N.A.

(“Chase”),

This action concerns title to real property commonly known as 8137

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Lake Geneva Court, Las Vegas, NV 89113 (the “Property”) following a homeowner’s

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association foreclosure sale conducted on August 24, 2012, with respect to the

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Property.

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2.

As it relates to the Parties, a dispute arose regarding that certain Deed

11 of Trust recorded against the Property in the Official Records of Clark County,

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

12 Nevada as Instrument Number 20080402-0002392 (the “Deed of Trust”), and in
13 particular, whether the Deed of Trust continues to encumber the Property.
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3.

The Parties to this Stipulation have agreed to release their respective

15 claims, and further agreed that the claims between them, including the Complaint
16 and Counterclaim, shall be DISMISSED with prejudice.
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4.

As neither SBW Investment, LLC nor Nevada Association Services

18 appeared in this action, Chase hereby voluntarily dismisses its claims against them
19 pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
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5.

The Parties further stipulate and agree that the two Lis Pendens

21 recorded against the Property in the Official Records of Clark County, Nevada, as
22 Instruments Number 20161208-0001199 and 20140220-0000116 be, and the same
23 hereby are, EXPUNGED.
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6.

The Parties further stipulate and agree that the $500 in security costs

25 posted by Chase on November 9, 2016 pursuant to this Court’s Order [ECF No. 15]
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7.

The Parties further stipulate and agree that a copy of this Stipulation

28 and Order may be recorded with the Clark County Recorder.
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Case 2:16-cv-02012-JCM-VCF Document 69 Filed 11/19/18 Page 3 of 3

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8.

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No. 63].

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9.

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The Parties further agree to lift the stay entered April 9, 2018 [ECF

Each party in this case number 2:16-cv-02012-JCM-VCF shall bear its

own attorneys’ fees and costs.
Dated: November 19, 2018
BALLARD SPAHR LLP

KIM GILBERT EBRON

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By: /s/ Stacy H. Rubin
Joel E. Tasca
Nevada Bar No. 14124
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Stacy H. Rubin
Nevada Bar No. 9298
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1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
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Attorneys for JPMorgan Chase Bank, N.A.
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[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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LIPSON, NEILSON, COLE, SELTZER &
14 GARIN, P.C.

By: /s/ Jacqueline A. Gilbert
Diana S. Ebron
Nevada Bar No. 10580
Jacqueline A. Gilbert
Nevada Bar No. 10593
Karen L. Hanks
Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89014

Attorneys for SFR Investments Pool
1, LLC

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16 By: /s/ Amber M. Williams
Kaleb D. Anderson
Nevada Bar No. 7582
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Amber M. Williams
Nevada Bar No. 12301
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9900 Covington Cross Drive
Suite 120
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Las Vegas, NV 89144
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Attorneys for York Village Community
21 Association
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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
January 28, 2019
DATED:
______________________

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