Bank of America, N.A. v. Aliante Master Association et al

Filing 128

ORDER granting 126 Motion for Default Judgment. Signed by Judge Gloria M. Navarro on 12/5/2022.; Case terminated. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:16-cv-02258-GMN-CWH Document 128 Filed 12/05/22 Page 1 of 2

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KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
E-mail: [e-mail]
HANKS LAW GROUP
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,
vs.

Case No. 2:16-cv-002258-GMN-CWH
JUDGMENT BY DEFAULT AGAINST
ALBERT C. SMITH

Plaintiff,

ALIANTE MASTER ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; NEVADA
ASSOCIATION SERVICES, INC.,
Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC,
Counter/Cross Claimant,

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vs.

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BANK OF AMERICA, N.A.; ALBERT C.
SMITH, an individual; and DAWN D. SMITH,
an individual;

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Counter/Cross Defendants.

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This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) Motion for

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Judgment by Default against Albert C. Smith (“Smith” or “Cross-Defendant”). Having considered

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the motion, including the declarations attached thereto, the Court makes the following findings of

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fact and conclusions of law:

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Case 2:16-cv-02258-GMN-CWH Document 128 Filed 12/05/22 Page 2 of 2

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injunctive relief against Smith, relating to real property located at 4029 Buteo Lane, North Las

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Vegas, Nevada 89084; Parcel No. 124-19-714-025 (“the Property”).

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2.

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The Clerk of the Court appropriately entered a default against Smith on March 23, 2020.

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3.

Smith is not incompetent, an infant, or serving in the United States military.

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4.

SFR submitted credible evidence in support of its motion in the form of documents

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obtained from the Official Records of the Clark County Recorder and declarations made under

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penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against

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On December 1, 2016, SFR filed a Cross-Complaint [ECF No. 26] for quiet title and

Smith failed to answer the complaint within the 21-day time limit set forth in FRCP 12.

Smith.
NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and
made the foregoing findings of fact and conclusions of law, and finding good cause,
IT IS ORDERED, ADJUDGED AND DECREED that Smith, any successors and assigns,
have no right, title or interest in the Property and that SFR is the rightful title owner.
IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims against,
or the defenses of, any other party to this case.
IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case.
5 day of December, 2022.
Dated this ____
UNITED STATES DISTRICT COURT JUDGE

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Respectfully submitted by:
HANKS LAW GROUP

___________________________
Gloria M. Navarro, District Judge
Dated:
UNITED STATES DISTRICT COURT

/s/ Chantel M. Schimming
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
7625 Dean Martin Drive, Suite. 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC
DATED this ___ day of November, 2022.

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