Wilmington Trust, NA v. SFR Investments Pool 1, LLC

Filing 52

ORDER Granting 51 Stipulation of Dismissal and Lift Stay. Signed by Judge Richard F. Boulware, II on 12/11/2018. (Copies have been distributed pursuant to the NEF - MR)

1 Abran E. Vigil
Nevada Bar No. 7548
2 Justin A. Shiroff
Nevada Bar No. 12869
3 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
4 Las Vegas, Nevada 89135-2958
Telephone: [phone]
5 Facsimile: [phone]
E-Mail: [e-mail]
6 E-Mail: [e-mail]
7 Attorneys for Wilmington Trust, NA,
Successor Trustee to Citibank, N.A.,
8 as Trustee, for the Benefit of
Registered Holders of Structured
9 Asset Mortgage Investments II Trust
2007-AR3, Mortgage Pass-Through
10 Certificates, Series 2007-AR3

[phone] FAX [phone]

UNITED STATES DISTRICT COURT

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LAS VEGAS, NEVADA 89135-2958

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DISTRICT OF NEVADA

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WILMINGTON TRUST, NA, SUCCESSOR
TRUSTEE TO CITIBANK, N.A., AS
TRUSTEE, FOR THE BENEFIT OF
REGISTERED HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR3,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-AR3,
Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; PALM
CREEK COMMUNITY ASSOCIATION,
INC., a Nevada non-profit corporation, and
NEVADA ASSOCIATION SERVICES,
INC.,
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

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vs.

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WILMINGTON TRUST, NA, SUCCESSOR
TRUSTEE TO CITIBANK, N.A., AS
DMWEST #17984161 v2

CASE NO. 2:16-cv-02090-RFB-NJK

STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
PALM CREEK COMMUNITY
ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC
WITH PREJUDICE; AND 2) LIFT
STAY ENTERED MAY 22, 2017

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TRUSTEE, FOR THE BENEFIT OF
REGISTERED HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2007-AR3,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-AR3; and
CURTIS PRICE, and individual.,

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Counter/Cross Defendants.

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Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff/Counter-defendant,

7 Wilmington Trust, N.A., Successor Trustee to Citibank, N.A., as Trustee for the
8 Benefit of Registered Holders of Structured Asset Mortgage Investment II Trust
9 2007-AR3, Mortgage Pass-Through Certificates, Series 2007-AR3 (“Wilmington
10 Trust”), Defendant/Counter-claimant/Cross-claimant SFR Investments Pool 1, LLC

[phone] FAX [phone]

12 (collectively, the “Parties”) hereby stipulate as follows:
LAS VEGAS, NEVADA 89135-2958

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11 (“SFR”), and Defendant Palm Creek Community Association (the “Association”)

1.

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This action concerns title to real property commonly known as 5691

14 Sentry Palm Court., Las Vegas, Nevada (“Property”) following a homeowner’s
15 association foreclosure sale conducted on November 2, 2012, with respect to the
16 Property.
2.

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

18 of Trust recorded against the Property in the Official Records of Clark County,
19 Nevada as Instrument Number 20061219-0004040 (“Deed of Trust”), and in
20 particular, whether the Deed of Trust continues to encumber the Property.
3.

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The Parties to this Stipulation have settled and agreed to release their

22 respective claims, and further agreed that the claims between them, including the
23 Complaint and Counterclaim, shall be DISMISSED with prejudice;
4.

This Stipulation in no way affects SFR’s cross-claim against Curtis

5.

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

25 Price;
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27 posted by the Trustee on November 9, 2016 pursuant to this Court’s Order [ECF
28 No. 18] shall be discharged and released to the Ballard Spahr LLP Trust Account;
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DMWEST #17984161 v2

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6.

The Parties further stipulate and agree that the Lis Pendens recorded

2 against the Property in the Official Records of Clark County, Nevada, as
3 Instrument Number 201612070001423 be, and the same hereby is, EXPUNGED;
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7.

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

5 and Order may be recorded with the Clark County Recorder;
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8.

The Parties further agree to lift the stay entered May 22, 2017 [ECF

7 No. 48];
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9.

This case shall remain open until such time as SFR resolves its

9 pending cross-claim against Curtis Price; and
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(Remainder of Page Intentionally Left Blank)

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135-2958

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DMWEST #17984161 v2

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10.

Each party in this case number 2:16-cv-02090-RFB-NJK shall bear its

2 own attorneys’ fees and costs.
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Dated: December 10, 2018

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5 BALLARD SPAHR LLP

KIM GILBERT EBRON.

6 By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
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Justin A. Shiroff, Esq.
Nevada Bar No. 12869
8
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958
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By: /s/ Jacqueline A. Gilbert
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89139

10 Attorneys for Plaintiff

Attorney for Defendant SFR
Investments Pool 1, LLC

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135-2958

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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LEACH JOHNSON SONG & GRUCHOW

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By:/s/ T. Chase Pittsenbarger
Sean L. Anderson, Esq.
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Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
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Nevada Bar No. 13740
8945 W. Russell Road, Suite 330
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Las Vegas, Nevada 89148
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Attorneys for Palm Creek Community
18 Association
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IT IS SO ORDERED.

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________________________________
RICHARD STATES DISTRICT JUDGE
UNITED F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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Dated:
DATED this 11th day of December, 2018.

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DMWEST #17984161 v2