U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 48

ORDER that the 45 Stipulation of Dismissal is construed as a Joint Motion. All claims between US Bank and SFR are Dismissed with prejudice. This dismissal leaves pending only SFR's claims against John Paul Robertson. SFR has 30 days to initiate default proceedings against Paul Robertson or otherwise bring those claims to conclusion. Signed by Judge Jennifer A. Dorsey on 10/18/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02394-JAD-GWF Document 45 Filed 10/17/18 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Christopher A.J. Swift, Esq.
Nevada Bar No. 11291
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for U.S. Bank National Association, as Trustee on Behalf of the Holders of the Credit
Suisse First Boston Mortgage Securities Corp. Home Equity
Pass-Through Certificates, Series 2006-8

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, ON BEHALF OF THE HOLDERS
OF THE CREDIT SUISSE FIRST BOSTON
MORTGAGE SECURITIES CORP. HOME
EQUITY PASS THROUGH CERTIFICATES,
SERIES, 2006-8,

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Case No.: 2:16-cv-02394-JAD-GWF

STIPULATION AND ORDER TO
DISMISS SFR INVESTMENTS POOL 1,
LLC WITH PREJUDICE

Plaintiff,

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vs.

ECF No. 45

SFR INVESTMENTS POOL 1, LLC, a
domestic entity; and PAINTED DESERT
COMMUNITY ASSOCIATION, a Nevada
non-profit corporation,
Defendant.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

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Counter/Cross-Claimant,

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vs.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, ON BEHALF OF THE HOLDERS
OF THE CREDIT SUISSE FIRST BOSTON
MORTGAGE SECURITIES CORP. HOME
EQUITY PASS THROUGH CERTIFICATES,
SERIES, 2006-8; and JOHN PAUL
ROBERTSON, an individual,

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Case 2:16-cv-02394-JAD-GWF Document 45 Filed 10/17/18 Page 2 of 4

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Counter/Cross-Defendants.

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Pursuant to Fed. R. Civ. P. 41(a) and LR IA 6-2, Plaintiff/Counter/Cross-Defendant, U.S.
Bank National Association, as Trustee on Behalf of the Holders of the Credit Suisse First Boston

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Mortgage Securities Corp. Home Equity Pass-Through Certificates, Series 2006-8 (“Plaintiff”)

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and Defendant/Counter/Cross-Claimant, SFR Investments Pool 1, LLC (“SFR”) (collectively the

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“Parties”), by and through their respective undersigned counsel of record, hereby stipulate to and

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agree, as follows:

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1. This action concerns title to real property commonly known as 7921 Aspect Way, Las

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Vegas, Nevada 89149 (“Property”) following a homeowner’s association foreclosure
sale conducted on April 18, 2014, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust
recorded against the Property in the Official Records of Clark County, Nevada as

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Instrument Number 20060531-0003965 (“Deed of Trust”), and in particular, whether
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the Deed of Trust continues to encumber the Property.

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3. This Stipulation and Order is the result of a compromise resolution of this action and

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shall not constitute or be construed as an admission of the facts or legal conclusions at

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issue in this action, or an admission as to the validity of the allegations in future

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actions.

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4. With respect to this dispute, the Parties have entered into a confidential settlement

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agreement pursuant to which Plaintiff shall record a reconveyance of the Deed of

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Trust in the real property records of Clark County, Nevada.

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Case 2:16-cv-02394-JAD-GWF Document 45 Filed 10/17/18 Page 3 of 4

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5. Plaintiff expressly reserves all rights and interests in the loan secured by the Deed of

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Trust, as well as its claims against John Robertson, including but not limited, any

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actions to seek a deficiency judgment.

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6. SFR expressly reserves its claims against John Roberson for quiet title.

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7. The Parties have resolved all of their claims and disputes, and stipulate and agree to

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the dismissal of all claims among them with prejudice, with each party to bear its own

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costs and attorneys’ fees.

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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. The Parties further stipulate that pursuant to Nevada Law, specifically, NRS

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116.31164, Plaintiff is the proper recipient of excess proceeds resulting from the

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association foreclosure sale in the amount of $6,815.51 and that Nevada Association

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Services, Inc. shall deliver the excess proceeds in the amount of $6,815.51 to “Select

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Portfolio Servicing, Inc.” on behalf of Plaintiff.

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IT IS SO STIPULATED.

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DATED this 17th day of October, 2018.

DATED this 17th day of October, 2018.

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WRIGHT FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Robert A. Riether, Esq.___________
Christopher A.J. Swift, Esq.
Nevada Bar No. 11291
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
Attorneys for U.S. Bank National
Association, as Trustee on Behalf of the
Holders of the Credit Suisse First Boston
Mortgage Securities Corp. Home Equity
Pass- Through Certificates, Series 2006-8

/s/ Jacqueline A. Gilbert, Esq.____________
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 Drive, Ste. 110
Las Vegas, NV 89139
Attorney for SFR Investments Pool 1, LLC

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Case 2:16-cv-02394-JAD-GWF Document 45 Filed 10/17/18 Page 4 of 4

Case No.: 2:16-cv-02394-JAD-GWF

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ORDER

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Based on theORDERED.
IT IS SO stipulation [ECF No. 45] between plaintiff/counterdefendant US Bank
National Association and defendant/counterclaimant SFR Investments Pool 1, LLC, which I
construe as a joint motion because it is between fewer than all parties to this litigation, and
Dated:_______________________
good cause appearing, IT IS HEREBY ORDERED that ALL CLAIMS BETWEEN US
BANK and SFR are DISMISSED with prejudice, each party to bear its own fees and costs.
_________________________________________
This dismissal leaves pending only SFR's claims against John Paul Robertson, who was served
UNITED STATES DISTRICT JUDGE
on 12/20/16 [ECF No. 24] but has not answered or otherwise appeared. SFR has 30 days to
initiate default proceedings against Robertson or otherwise bring those claims to
conclusion.

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_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: October 18, 2018

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