Wells Fargo Bank, N.A. v. SFR Investments Pool I, LLC

Filing 29

ORDER Granting 28 Stipulation of Dismissal with Prejudice. Signed by Judge Andrew P. Gordon on 12/21/2018. (Copies have been distributed pursuant to the NEF - MR)

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 Wells Fargo Bank,
NA, as Trustee, on behalf of the holders of
8 Structured Asset Mortgage Investments II,
Inc., Bear Stearns Mortgage Funding, Trust
9 2007-AR5, Mortgage Pass Through
Certificates, Series 2007-AR5
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LAS VEGAS, NEVADA 89135

UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DISTRICT OF NEVADA

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WELLS FARGO BANK, N.A., AS
TRUSTEE, ON BEHALF OF THE
HOLDERS OF STRUCTURED ASSET
MORTGAGE INVESTMENTS II, INC.,
BEAR STEARNS MORTGAGE
FUNDING, TRUST 2007-AR5,
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2007-AR5
Plaintiff,
vs.

STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE
DEFENDANT/COUNTERCLAIMANT SFR INVESTMENTS
POOL 1, LLC, AND DEFENDANT
SILVERSTONE RANCH
COMMUNITY ASSOCIATION

SFR INVESTMENTS POOL I, LLC, a
Nevada limited liability company;
SILVERSTONE RANCH COMMUNITY
ASSOCIATION, a Nevada non-profit
corporation,
Defendants.

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Case No. 2:16-cv-02730-APG-PAL

Plaintiff Wells Fargo Bank, N.A., as Trustee, on behalf of the holders of

25 Structured Asset Mortgage Investments II, Inc., Bear Stearns Mortgage Funding,
26 Trust 2007-AR5, Mortgage Pass Through Certificates, Series 2007-AR5 (“Wells
27 Fargo”), Defendant SFR Investment Pools 1, LLC (“SFR”), and Defendant Silverstone
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DMWEST #18330425 v1

1 Ranch Community Association (the “Association”) (collectively, the “Parties”) hereby
2 stipulate as follows:
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1.

This action concerns title to real property commonly known as 8088

4 Celina Hills Street, Las Vegas, Nevada (“Property”) following a homeowner’s
5 association foreclosure sale conducted on July 31, 2014, with respect to the Property.
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2.

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

7 of Trust recorded against the Property in the Official Records of Clark County,
8 Nevada as Instrument Number 20070504-0002861 (“Deed of Trust”), and in
9 particular, whether the Deed of Trust continues to encumber the Property.
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3.

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

LAS VEGAS, NEVADA 89135

12 including the Complaint, shall be DISMISSED with prejudice;
[phone] FAX [phone]

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

11 respective claims among them, and further agreed that the claims among them,

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6.

The Parties further stipulate and agree that the Lis Pendens recorded

14 against the Property in the Official Records of Clark County, Nevada, as Instruments
15 Number 20161214-0000002 be, and the same hereby is, EXPUNGED.
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8.

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

17 and Order may be recorded with the Clark County Recorder;
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(Remainder of Page Intentionally Left Blank)

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11.

Each party in this case number 2:16-cv-02730-APG-PAL shall bear its

2 own attorneys’ fees and costs.
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Dated this December 20, 2018.

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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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KIM GILBERT EBRON

BALLARD SPAHR LLP
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/Jaqueline A. Gilbert
Diana S. Ebron
Nevada Bar No.10580
Jacqueline A. Gilbert
Nevada Bar No.10593
Karen L. Hanks
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

Attorneys for Plaintiff Wells Fargo
Bank, NA, as Trustee, on behalf of the
holders of Structured Asset Mortgage
Investments II, Inc., Bear Stearns
Mortgage Funding, Trust 2007-AR5,
Mortgage Pass Through Certificates,
Series 2007-AR5

Attorneys for SFR Investments Pool 1,
LLC

ROBBINS LAW FIRM

By:/s/ Elizabeth B. Lowell
Elizabeth B. Lowell, Esq.
1995 Village Center Cir., Suite 190
Las Vegas, Nevada 89134

Attorneys for Silverstone Ranch
Community Association

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IT IS SO ORDERED.

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_________________________
United States District Judge

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Dated: December 21, 2018

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