JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 66

ORDER Granting 65 Stipulation of Dismissal with Prejudice. Signed by Judge Richard F. Boulware, II on 1/4/2019. (Copies have been distributed pursuant to the NEF - MR)

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Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
Kyle A. Ewing
Nevada Bar No. 14051
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for JPMorgan Chase Bank, N.A.

DISTRICT OF NEVADA

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

UNITED STATES DISTRICT COURT

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
MONTAGNE MARRON COMMUNITY
ASSOCIATION, a Nevada non-profit
corporation; RODRIGO J. COLOMA, an
individual; NICOLE E. COLOMA, an
individual,

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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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JPMORGAN CHASE BANK, N.A., a
national banking association; RODRIGO
J. COLOMA, an individual,

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Counter/Cross Defendant.

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DMWEST #18317818 v1

Case No. 2:16-cv-02230-RFB-VCF

STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE
CLAIMS BETWEEN JPMORGAN
CHASE BANK, N.A., SFR
INVESTMENTS POOL 1, LLC, AND
MOTAGNE MARRON COMMUNITY
ASSOCIATION

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Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-

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Defendant/Cross-Defendant

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

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and Defendant Montagne Marron Community Association (“Montagne Marron”)

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

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JPMorgan

Chase

Bank,

N.A.

(“Chase”),

This action concerns title to real property commonly known as 11208

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Lavandou Drive, Las Vegas, Nevada (“Property”) following a homeowner’s association

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foreclosure sale conducted on September 26, 2012, with respect to the Property.

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2.

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

[phone] FAX [phone]

Nevada as Instrument Number 20050630-0004923 (“Deed of Trust”), and in

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

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

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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particular, whether the Deed of Trust continues to encumber the Property.

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3.

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

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respective claims, including the Complaint and the Counter-Claim, and further

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agreed that the claims between them, shall be DISMISSED with prejudice.

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4.

As neither Rodrigo J. Coloma nor Nicole E. Coloma appeared in this

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action, Chase hereby voluntarily dismisses its claims against them pursuant to Fed.

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R. Civ. P. 41(a)(1)(A)(i).

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5.

This Stipulation shall have no effect on SFR’s cross-claim against

Rodrigo J. Coloma.
6.

The Parties further stipulate and agree that the Lis Pendens recorded

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against the Property in the Official Records of Clark County, Nevada, as Instruments

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Number 20161207-0001917 be, and the same hereby is, EXPUNGED.

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7.

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

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posted by Chase on November 9, 2016 pursuant to this Court’s Order [ECF No. 16]

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shall be discharged and released to the Ballard Spahr LLP Trust Account.

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8.

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

and Order may be recorded with the Clark County Recorder;
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9.

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

cross-claim against Rodrigo J. Coloma, and
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The Stipulating Parties in this case number 2:16-cv-02230-RFB-VCF

shall bear its own attorneys’ fees and costs.
Dated: January 3, 2019
BALLARD SPAHR LLP

KIM GILBERT EBRON

By: /s/ Justin A. Shiroff
Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
Kyle A. Ewing
Nevada Bar No. 14051
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

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 JPMorgan Chase Bank, N.A.

Attorneys for SFR Investments Pool
1, LLC

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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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THE CLARKSON LAW GROUP, P.C.

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By: /s/ Matthew J. McAlonis
Matthew J. McAlonis
Nevada Bar No. 10003
3230 South Buffalo Drive, Suite 108
Las Vegas, NV 89117

Attorney for Montagne Marron Community
Association

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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DATED:

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January 4, 2019
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