Ditech Financial LLC v. T-Shack, Inc. et al

Filing 70

ORDER granting 69 Stipulation to Dismiss Claims for Attorney's Fees. Plaintiff T-SHACK, INC.'s claims for monetary relief, including those seeking attorneys' fees and costs, as set forth in its 22 Answer to the underlying Complaint filed in this action be dismissed. Signed by Judge Richard F. Boulware, II on 1/12/2021. (Copies have been distributed pursuant to the NEF - DRS)

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COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
DITECH FINANCIAL LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DITECH FINANCIAL LLC,

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Plaintiff,

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Case No. 2:16-cv-02615-RFB-VCF
STIPULATION AND ORDER TO
DISMISS CLAIMS FOR ATTORNEYS’S
FEES AND COSTS

v.
T-SHACK, INC.; SUNDANCE
HOMEOWNERS ASSOCIATION, INC.,

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Defendants.
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DITECH FINANCIAL LLP and T-SHACK INC. by and through their attorneys of record,
hereby stipulate as follows:

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1. On February 11, 2019, Ditech Holding Corporation and its debtor affiliates (including

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Defendant Ditech Financial LLC ("Ditech")) each commenced a voluntary case under

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chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the

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Southern District of New York (the "Bankruptcy Court"). Ditech's chapter 11 cases are

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indexed at case number 19-10412 (JLG).

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2. On September 26, 2019, the Bankruptcy Court entered the Order Confirming the Third

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Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors

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(ECF No. 1404). This order approved the terms of the Third Amended Joint Chapter 11 Plan

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of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1326) (the "Plan").

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3. The Plan contains Section 10.5 which provides for a permanent injunction (the "Plan

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Injunction") that specifically prohibits Parties from prosecuting against Ditech any claim that

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arose prior to September 30, 2019 (the Effective Date of Ditech's Plan) seeking monetary

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relief (including claims seeking attorneys’ fees and costs).
4. The claims for monetary relief of Defendant T-Shack, Inc. (“T-Shack”) as against Ditech, are

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therefore barred by the Plan Injunction as they arose prior to the Effective Date of the Plan.

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5. Ditech and T-Shack, pursuant to Fed. R. Civ. P. 41, hereby agree as follows:

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Ditech and T-Shack agree that all claims and requests seeking monetary relief, including

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those seeking attorneys’ fees and costs contained in clause four on page 18 of T-Shack’s March 22,

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2017 Answer to Complaint (ECF No. 22) (the “Answer”) are dismissed as against Ditech. To the

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extent that this stipulation is not found to be sufficient to dismiss T-Shack’s claims for

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monetary relief under Rule 41, T-Shack agrees to seek to amend the Answer solely with respect to

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the matters set forth in this paragraph pursuant to Fed. R. Civ. P. 15.

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IT IS SO STIPULATED.
DATED: January 12, 2021

WOLFE & WYMAN LLP

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By:/s/Colt B. Dodrill
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
6757 Spencer Street
Las Vegas, NV 89119
[e-mail]
Attorneys for Plaintiff
DITECH FINANCIAL LLC

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DATED: January 12 2021
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BLACK & WADHAMS
/s/ Christopher V. Yergensen
By: ________________________________
CHRISTOPHER V. YERGENSEN, ESQ.
Nevada Bar No. 6183
10777 W. Twain Ave., Suite 300
Las Vegas, NV 89135
Attorneys for Defendant
T-SHACK, INC.

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ORDER

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By stipulation of the parties and good cause appearing therefore, the Court orders as follows:

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IT IS HEREBY ORDERED THAT Plaintiff T-SHACK, INC.’s claims for monetary relief,

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including those seeking attorneys’ fees and costs, as set forth in its Answer to the underlying

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Complaint filed in this action be dismissed.

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IT IS SO ORDERED.

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Dated: _________________, 2021
January 12

___________________________________
JUDGE OF THE U.S. DISTRICT COURT

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Respectfully submitted by:
By: /s/ Colt B. Dodrill
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Attorneys for Plaintiff
DITECH FINANCIAL LLC

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3824850.1

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CERTIFICATE OF SERVICE

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On January 12, 2021, I served the STIPULATION AND ORDER TO DISMISS CLAIMS

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FOR ATTORNEYS’S FEES AND COSTS by the following means to the persons as listed below:

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X

a.

ECF System (you must attach the “Notice of Electronic Filing”, or list

all persons and addresses and attach additional paper if necessary):

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Christopher V. Yergensen, Esq.
Nevada Bar No. 6183
BLACK & WADHAMS
10777 W. Twain Ave., Suite 300
Las Vegas, NV 89135
T: 702-869-8801
Attorneys for Defendant T-SHACK, INC.

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b.

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United States Mail, postage fully pre-paid (List persons and addresses.

Attach additional paper if necessary):

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By:

/s/Kathleen S. Gambill
Kathleen S. Gambill
An employee of Wolfe & Wyman LLP

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3824850.1

Kathy S. Gambill
From:
Sent:
To:
Cc:
Subject:

Christopher Yergensen <[e-mail]>
Tuesday, January 12, 2021 11:10 AM
Colt B. Dodrill
[e-mail]; [e-mail]
RE: Ditech Financial, LLC v. T-Shack, Inc. (USDC Case Nos. 2:16-cv-02812 & 2:16-cv-02615) / W&W
File Nos. 1556-267 and 1556-276

This message is from an external sender. Use caution when opening links & attachments.

These are acceptable. Feel free to use my esignature to file.
Chris Yergensen, Esq.
Attorney

p: [phone]
f: [phone]
a: 10777 W. Twain Avenue, Suite 300
Las Vegas, NV 89135
w: www.blackwadhams.law e: [e-mail]
This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is
protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510 and 2521 and may be legally privileged. This message (and any
associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential,
subject to copyright or constitutes a trade secret. If you are not the intended recipient, you are hereby notified that any dissemination, duplication
or distribution of all, or any part of this message, or any file associated with this message, is strictly prohibited. If you have received this
communication in error, please notify Black & Wadhams immediately by telephone [phone]) and destroy the original message. Please be
further advised that any message sent to or from Black & Wadhams may be monitored.

From: Kathy S. Gambill <[e-mail]> On Behalf Of Colt B. Dodrill
Sent: Tuesday, January 12, 2021 10:17 AM
To: Christopher Yergensen <[e-mail]>
Cc: [e-mail]; [e-mail]; Colt B. Dodrill <[e-mail]>
Subject: Ditech Financial, LLC v. T-Shack, Inc. (USDC Case Nos. 2:16-cv-02812 & 2:16-cv-02615) / W&W File Nos. 1556267 and 1556-276
Dear Mr. Yergensen:
On behalf of Colt B. Dodrill, attached please find two stipulations regarding the dismissing of Plaintiff’s claims for
monetary relief as set forth in its answer to the underlying Complaint in the above-referenced actions. Please advise if
you approve and if we have authorization to file.
Thank you.
Kathy
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Kathleen S. Gambill
Secretarial Services Manager
WOLFE & WYMAN LLP
2301 Dupont Drive, Suite 300 • Irvine, CA 92612-7531
Tel. [phone] • Fax [phone]
Email: [e-mail]
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under
applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and
return the original message to us at the above address via the U.S. Postal Service. You will be promptly reimbursed for all costs of mailing. Thank you.

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