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

Filing 84

ORDER granting 80 Stipulated Disclaimer of Interest; Signed by Judge Richard F. Boulware, II on 12/20/2018. (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]

Las Vegas, Nevada 89135

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[phone] FAX [phone]

BALLARD SPAHR LLP

1980 Festival Plaza Drive Suite 900

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 and Counterdefendant JPMorgan Chase, N.A.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK N.A., SUCCESSOR TRUSTEE
TO BANK OF AMERICA, N.A.,
SUCCESSOR TO LASALLE BANK, N.A.,
Case No. 2:16-cv-02712-RFB-CWH
AS TRUSTEE, ON BEHALF OF THE
HOLDERS OF THE WAMU MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES STIPULATED DISCLAIMER OF
2006-AR16 TRUST,
INTEREST
Plaintiff,

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vs.

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

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Defendants.

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Las Vegas, Nevada 89135

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[phone] FAX [phone]

BALLARD SPAHR LLP

1980 Festival Plaza Drive Suite 900

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counter/Cross-Claimant,
vs.
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.
Counter-defendant JPMorgan Chase Bank, N.A. (“Chase”), by and through

15 its counsel, Ballard Spahr LLP, and Defendant/Counter-claimant SFR Investments
16 Pool 1, LLC (“SFR”), by and through its counsel, Kim Gilbert Ebron, hereby
17 stipulate and agree as follows:
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1.

The subject property is located at 8613 Canyon View Drive, Las Vegas,

19 Nevada, 89117 (the “Property”).
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2.

Chase assigned its interest in the Deed of Trust recorded as Clark

21 County Document No. 20061002-0001198 to Bank of America, National Association
22 as successor by merger to LaSalle Bank NA as trustee for WAMU 2006-AR16, as
23 reflected in the Assignment of Deed of Trust recorded on November 2, 2009, as
24 Clark County Document No. 20091102-0000028. Chase does not claim any current
25 right, title, or interest in the Property as it related to the Deed of Trust recorded as
26 Clark County Document No. 20061002-0001198.
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3.

Chase reconveyed its interest in the Deed of Trust recorded as Clark

28 County Document No. 20061117-0001470 on February 7, 2013, as reflected in the
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Substitution of Trustee and Reconveyance Deed Only recorded as Clark County
Document No. 20130220-0001384. Chase does not claim any current right, title, or
interest in the Property as it relates to the Deed of Trust recorded as Clark County
Document No. 20061117-0001470.
4.

Chase accordingly disclaims any right, title, or interest in the

Property.
5.

In consideration for Chase entering into the Stipulation, SFR agrees to

dismiss Chase with prejudice from this case 2:16-cv-02712-RFB-CWH, with each
party to bear its own fees and costs.

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DATED this 11th day of December, 2018.

Las Vegas, Nevada 89135

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[phone] FAX [phone]

BALLARD SPAHR LLP

1980 Festival Plaza Drive Suite 900

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BALLARD SPAHR LLP

KIM GILBERT EBRON.

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By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Justin A. Shiroff, Esq.
Nevada Bar No. 12869
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135-2958

By: /s/ Jacqueline A. Gilbert
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

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Attorneys for Counter-Defendant
JPMorgan Chase, N.A.

Attorneys for Defendant/CounterClaimant SFR Investments Pool 1, LLC

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IT IS SO ORDERED.

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__________________________________________

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RICHARD F. BOULWARE, II

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UNITED STATES DISTRICT JUDGE

December 20, 2018
DATED: __________________________

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