U.S. Bank N.A. v. SFR Investments Pool 1, LLC, et al

Filing 78

ORDER granting 76 Stipulation of Dismissal with prejudice; Signed by Judge Richard F. Boulware, II on 11/1/2018. (Copies have been distributed pursuant to the NEF - JM)

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
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff U.S. Bank
N.A., successor trustee to Bank of
8 America, N.A., successor to LaSalle
Bank, N.A., as trustee, on behalf of
9 the holders of the WaMu Mortgage
Pass-Through Certificates, Series
10 2006-AR16 Trust
11

UNITED STATES DISTRICT COURT

12

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13
14
15
16
17

DISTRICT OF NEVADA
U.S. BANK N.A., SUCCESSOR
TRUSTEE TO BANK OF AMERICA,
N.A., SUCCESSOR TO LASALLE BANK,
N.A., AS TRUSTEE, ON BEHALF OF
THE HOLDERS OF THE WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR16
TRUST,
Plaintiff,

18
19

vs.

20

22

SFR INVESTMENTS POOL 1, LLC , a
Nevada limited liability company;
CANYON GATE MASTER
ASSOCIATION, a Nevada non-profit
corporation,

23

Defendants.

21

24
25

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

26

Counter/Cross-Claimant,

27

vs.

28
DMWEST #18175031 v1

Case No. 2:16-cv-02712-RFB-CWH
STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN U.S.
BANK, N.A., CANYON GATE
MASTER ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC
WITH PREJUDICE; AND 2) LIFT
STAY ENTERED JULY 13, 2018

1
2
3
4
5
6
7
8
9

U.S. BANK N.A., SUCCESSOR
TRUSTEE TO BANK OF AMERICA,
N.A., SUCCESSOR TO LASALLE BANK,
N.A.,
AS TRUSTEE, ON BEHALF OF THE
HOLDERS OF THE WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR16
TRUST; THE MIDORA TRUST FUND,
DAHN MIDORA, TRUSTEE OF THE
TRUST; and JPMORGAN CHASE
BANK, N.A., SUCCESSOR IN
INTEREST BY PURCHASE FROM THE
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER OF
WASHINGTON MUTUAL BANK F/K/A
WASHINGTON MUTUAL BANK FA,
Counter/Cross-Defendants.

10
11

Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff U.S. Bank N.A.,

[phone] FAX [phone]

13 trustee, on behalf of the holders of the WaMu Mortgage Pass-Through Certificates,
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

12 successor trustee to Bank of America, N.A., successor to LaSalle Bank, N.A., as

14 Series 2006-AR16 Trust (“U.S. Bank”), Defendant/Counterclaimant SFR Investment
15 Pools 1, LLC (“SFR”), and Canyon Gate Master Association (the “Association”)
16 (collectively, the “Parties”) hereby stipulate as follows:
17

1.

This action concerns title to real property commonly known as 8613

18 Canyon View Drive, Las Vegas, Nevada 89117 (the “Property”) following a
19 homeowner’s association foreclosure sale conducted on March 20, 2014, with respect
20 to the Property.
21

2.

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

22 of Trust recorded against the Property in the Official Records of Clark County,
23 Nevada as Instrument Number 20061002-0001198 (the “Deed of Trust”), and in
24 particular, whether the Deed of Trust continues to encumber the Property.
25

3.

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

26 respective claims, and further agreed that the claims between them, including the
27 Complaint and Counterclaim, shall be DISMISSED with prejudice.
28

4.

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

DMWEST #18175031 v1

1 Midora as Trustee for the Midora Trust Fund (the “former unit owner”).
5.

2

The Parties further stipulate and agree that the three Lis Pendens

3 recorded against the Property in the Official Records of Clark County, Nevada, as
4 Instruments Number 20140421-0000739, 20161227-0002595, and 20170321-0001593
5 be, and the same hereby are, EXPUNGED.
6.

6

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

7 posted by Chase on March 2, 2017 pursuant to this Court’s Order [ECF No. 15] shall
8 be discharged and released to the Ballard Spahr LLP Trust Account.
7.

9

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

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

The Parties further agree to lift the stay entered July 13, 2018 [ECF No.

10.

11

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

12 73];

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13

14 cross-claim against the former unit owner; and
15
(Remainder of Page Intentionally Left Blank)

16
17
18
19
20
21
22
23
24
25
26
27
28

2
DMWEST #18175031 v1

1

11.

Each party in this case number 2:16-cv-02712-RFB-CWH shall bear its

2 own attorneys’ fees and costs.
3
4
5
6
7
8
9
10

Dated: October 31, 2018
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
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ Diana S. Ebron
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

Attorneys for U.S. Bank N.A., as Trustee

Attorneys for SFR Investments Pool 1,
LLC

11
12

TYSON & MENDES, LLP

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13
14
15
16
17
18
19

By: /s/ Thomas E. McGrath
Christopher Ammon Lund, Esq.
Nevada Bar No. 12435
Thomas E. McGrath, Esq.
Nevada Bar No. 7086
8275 S. Eastern Ave., Suite 115
Las Vegas, NV 89123

Attorneys for Canyon Gate Master
Association

20

IT IS SO ORDERED.

21

__________________________________________
__________________________
UNITED STATES DISTRICT JUDGE
RICHARD F. BOULWARE, II
United States District Court

22
23

DATED: __________________________
November 1, 2018.

24
25
26
27
28

3
DMWEST #18175031 v1