Deutsche Bank Natioal Trust Company v. SFR Investments Pool 1, LLC et al

Filing 43

ORDER Granting 42 Stipulation of Dismissal and to Lift Stay re 40 Order. The STAY is LIFTED. The lis pendens recorded in the Official Records of Clark County, Nevada, as Instrument Number 20170501-0000856 is EXPUNGED. The Clerk of Court is dir ected to refund to Ballard Spahr LLP Trust Account the $500 in security costs posted by Deutsche Bank (ECF No. 15 ). All of plaintiff Deutsche Bank's claims are DISMISSED with prejudice, each side to bear its own fees and costs. SF R Investments Pool 1, LLC's counterclaims against Deutsche Bank are DISMISSED with prejudice, each side to bear its own fees and costs. This dismissal leaves only SFR's crossclaims against Anthony Byington and JZ Mortgage, Inc.; SFR has 30 days to file a motion for default judgment against crossdefendants Anthony Byington and JZ Mortgage, Inc. or otherwise terminate its claims against them. Signed by Judge Jennifer A. Dorsey on 11/30/2018. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)

Case 2:16-cv-02715-JAD-GWF Document 42 Filed 11/29/18 Page 1 of 4

1 Joel E. Tasca
Nevada Bar No. 14124
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 Deutsche
Bank National Trust Company, as
8 Trustee, in Trust for registered
holders of Long Beach Mortgage
9 Loan Trust 2006-2, Asset-Backed
Certificates, Series 2006-2
10

LAS VEGAS, NEVADA 89135

UNITED STATES DISTRICT COURT

12
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11

DISTRICT OF NEVADA

13 DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE, IN TRUST
14 FOR REGISTERED HOLDERS OF LONG
BEACH MORTGAGE LOAN TRUST
15 2006-2, ASSET-BACKED
CERTIFICATES, SERIES 2006-2,
16
Plaintiff,
17
vs.
18
SFR INVESTMENTS POOL 1, LLC, a
19 Nevada limited liability company; GREEN
VALLEY SOUTH OWNERS
20 ASSOCIATION NO. 1, a Nevada nonprofit corporation,
21
Defendants.
22
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Case No. 2:16-cv-02715-JAD-GWF

STIPULATION AND ORDER TO 1)
DISMISS WITH PREJUDICE
CLAIMS BETWEEN DEUTSCHE
BANK NATIONAL TRUST
COMPANY, SFR INVESTMENTS
POOL 1, LLC, AND GREEN
VALLEY SOUTH OWNERS
ASSOCIATION NO. 1; AND
LIFT STAY ENTERED
DECEMBER 5, 2017 (ECF NO. 40)
ECF No. 42

Case 2:16-cv-02715-JAD-GWF Document 42 Filed 11/29/18 Page 2 of 4

1 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
2
Counter/Cross Claimant,
3
vs.
4
DEUTSCHE BANK NATIONAL TRUST
5 COMPANY, AS TRUSTEE, IN TRUST
FOR REGISTERED HOLDERS OF LONG
6 BEACH MORTGAGE LOAN TRUST
2006-2, ASSET-BACKED
7 CERTIFICATES, SERIES 2006-2; JZ
MORTGAGE, INC., a foreign corporation;
8 ANTHONY BYINGTON, an individual,
Counter/Cross Defendants.

9
10

Plaintiff and Counterdefendant Deutsche Bank National Trust Company, as

LAS VEGAS, NEVADA 89135

12 2006-2,
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11 Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust
Asset-Backed

Certificates,

Series

2006-2

(the

“Trust”),

13 Defendant/Counterclaimant SFR Investment Pools 1, LLC (“SFR”), and Defendant
14 Green Valley South Owners Association No. 1 (“Green Valley South”) (collectively,
15 the “Parties”) hereby stipulate as follows:
16

1.

This action concerns title to real property commonly known as 112

17 Gooseberry Lane, Henderson, Nevada 89074 (the “Property”) following a
18 homeowner’s association foreclosure sale conducted on May 24, 2013, with respect
19 to the Property.
20

2.

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

21 of Trust recorded against the Property in the Official Records of Clark County,
22 Nevada as Instrument Number 20051110-0006656 (the “Deed of Trust”), and in
23 particular, whether the Deed of Trust continues to encumber the Property.
24

3.

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

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

4.

This Stipulation in no way affects SFR’s cross-claims against Anthony

28 Byington or JZ Mortgage, Inc.
2
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Case 2:16-cv-02715-JAD-GWF Document 42 Filed 11/29/18 Page 3 of 4

1

5.

The Parties further stipulate and agree that the Lis Pendens recorded

2 against the Property in the Official Records of Clark County, Nevada, as
3 Instruments Number 20170501-0000856 be, and the same hereby is, EXPUNGED.
4

6.

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

5 posted by Chase on March 31, 2017 pursuant to this Court’s Order [ECF No. 13]
6 shall be discharged and released to the Ballard Spahr LLP Trust Account.
7

7.

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

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

9.

The Parties further agree to lift the stay entered December 5, 2017

10 [ECF No. 40];
10.

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

LAS VEGAS, NEVADA 89135

12 pending cross-claims against Anthony Byington and JZ Mortgage, Inc.; and
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11

13
(Remainder of Page Intentionally Left Blank)

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Case 2:16-cv-02715-JAD-GWF Document 42 Filed 11/29/18 Page 4 of 4

1 11.

Each party in this case number 2:16-cv-02715-JAD-GWF shall bear its own

2 attorneys’ fees and costs.
3

Dated: November 29, 2018

4 BALLARD SPAHR LLP

KIM GILBERT EBRON

5

By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
7
Justin A. Shiroff, Esq.
Nevada Bar No. 12869
8
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
9
Attorneys for Plaintiff
10

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 Drive, Suite 110
Las Vegas, Nevada 89139

6

LAS VEGAS, NEVADA 89135

12
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11

Attorneys for SFR Investments Pool 1,
LLC

GORDON & REES, LLP

13 By: /s/ Brian K. Walters
Robert S. Larsen, Esq.
14
Nevada Bar No. 7785
Wing Yan Wong, Esq.
15
Nevada Bar No. 13622
Brian K. Walters, Esq.
16
Nevada Bar No. 9711
300 South Fourth Street, Suite 1550
17
Las Vegas, Nevada 89101
18 Attorney for Defendant Green Valley
South Owners Association No. 1
19
ORDER
20
IT IS SO ORDERED.
21
IT IS SO ORDERED. The STAY is LIFTED. The lis pendens recorded in the Official
Records of Clark County, Nevada, as Instrument Number 20170501-0000856 is EXPUNGED.
22 The Clerk of Court is directed to refund to Ballard Spahr LLP Trust Account the $500 in
U.S. DISTRICT COURT JUDGE
Dated: _______________________
23 security costs posted by Deutsche Bank [ECF No. 15]. All of plaintiff Deutsche Bank's
claims are DISMISSED with prejudice, each side to bear its own fees and costs. SFR
24 Investments Pool 1, LLC's counterclaims against Deutsche Bank are DISMISSED with
prejudice, each side to bear its own fees and costs. This dismissal leaves only SFR's
25 crossclaims against Anthony Byington and JZ Mortgage, Inc.; SFR has 30 days to file a
26 motion for default judgment against crossdefendants Anthony Byington and JZ Mortgage,
Inc. or otherwise terminate its claims against them.
27
_______________________________
____ ___________
____
__
__ __________
___
U.S. District Judge Jennifer A. D
Judge Jennifer A Dorsey
ct Judg J
udg
f
Dated: November 30 2018
vember 30,
8

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