Federal Home Loan Mortgage Corporation et al v. Newport Coast Management Group, Inc. et al

Filing 28

ORDER Granting 27 Stipulation for Temporary of Stay Case Pending Settlement. Signed by Judge Richard F. Boulware, II on 4/16/2018. (Copies have been distributed pursuant to the NEF - ADR)

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ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
[e-mail]

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HALL, JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, Nevada 89128
[phone]
Fax [phone]

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Attorneys for Prairie Rose
Homeowners Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FEDERAL HOME LOAN MORTGAGE
CORPORATION; JPMORGAN CHASE
BANK, N.A.,

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Case No.: 2:16-CV-02743-RFB-VCF
STIPULATION AND ORDER FOR
TEMPORARY STAY OF ENTIRE CASE
PENDING SETTLEMENT
(First Request)

Plaintiff,

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vs.

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NEWPORT COAST MANAGEMENT
GROUP, INC., a Nevada corporation;
PRAIRIE ROSE HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation, aka PRAIRIE ROSE,

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Defendants.
Plaintiffs, Federal Home Loan Mortgage Corporation and JPMorgan Chase Bank, N.A.

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(“Plaintiff”) and Defendant, Prairie Rose Homeowners Association (“HOA”), by and through

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their respective attorneys stipulate as follows:
INTRODUCTION

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1.

On March 9, 2018, this court entered an order directing Plaintiffs to take action

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against HOA by April 8, 2018 or the court shall enter an order of dismissal for want of

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prosecution. ECF No. 23.

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2.

On April 20, 2017, the clerk of the court entered default against Defendant

Newport Coast Management Group, Inc. (“Newport”). ECF No. 21.
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On may 15, 2017, Plaintiffs filed their motion for default judgment against

Newport. ECF No. 22.
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4.

On March 30, 2018, the court entered an order and declaratory judgment against

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Newport stating that Newport has not established title or any interest in the Property and

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finding that Newport never acquired legal title or interest in the Property and abandoned any

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interest it may ever have acquired in the Property (the “Order”). ECF No. 24. The Order

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provided Plaintiffs with the primary relief sought in this action. See Complaint, ECF No. 1.

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5.

On April 4, 2018, HOA filed its answer. ECF No. 26

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6.

In light of the Order, Plaintiffs and HOA agree that the remaining claims against

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HOA can be resolved though informal settlement negotiations. The parties further agree that

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these negotiations will result in a stipulated dismissal of the remaining claims against HOA.

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7.

Given the forthcoming resolution of the remaining claims against HOA and to

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avoid wasting resources and incurring potentially unnecessary expense associated with

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discovery and continued litigation, Plaintiffs and HOA agree and request a stay of the case to

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give each side sufficient time and resources to finalize settlement. This stipulation is made in

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good faith and not for the purpose of delay.

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Dated: April 5, 2018.

Dated: April 5, 2018.

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HALL, JAFFE & CLAYTON, LLP

SMITH LARSEN & WIXOM

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By: /s/Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, Nevada 89128
Attorneys for Prairie Rose
Homeowners Association

By: /s/Christopher L. Benner
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Kate M. Weber, Esq.
Nevada Bar No. 11736
Christopher L. Benner, Esq.
Nevada Bar No. 8963
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Federal Home Loan Mortgage
and JPMorgan Chase Bank, N.A.

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ORDER
IT IS SO ORDERED.

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UNITED STATE DISTRICT COURT JUDGE

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DATED:

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16th day of April, 2018.
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