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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1 2 ASHLIE L. SURUR, ESQ. Nevada Bar No. 11290 asurur@lawhjc.com 3 HALL, JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, Nevada 89128 (702) 316-4111 Fax (702)316-4114 4 5 6 Attorneys for Prairie Rose Homeowners Association 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 FEDERAL HOME LOAN MORTGAGE CORPORATION; JPMORGAN CHASE BANK, N.A., 12 Case No.: 2:16-CV-02743-RFB-VCF STIPULATION AND ORDER FOR TEMPORARY STAY OF ENTIRE CASE PENDING SETTLEMENT (First Request) Plaintiff, 13 vs. 14 NEWPORT COAST MANAGEMENT GROUP, INC., a Nevada corporation; PRAIRIE ROSE HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation, aka PRAIRIE ROSE, 15 16 17 18 Defendants. Plaintiffs, Federal Home Loan Mortgage Corporation and JPMorgan Chase Bank, N.A. 19 (“Plaintiff”) and Defendant, Prairie Rose Homeowners Association (“HOA”), by and through 20 their respective attorneys stipulate as follows: INTRODUCTION 21 22 1. On March 9, 2018, this court entered an order directing Plaintiffs to take action 23 against HOA by April 8, 2018 or the court shall enter an order of dismissal for want of 24 prosecution. ECF No. 23. 25 26 27 28 2. On April 20, 2017, the clerk of the court entered default against Defendant Newport Coast Management Group, Inc. (“Newport”). ECF No. 21. 3. On may 15, 2017, Plaintiffs filed their motion for default judgment against Newport. ECF No. 22. 1 1 4. On March 30, 2018, the court entered an order and declaratory judgment against 2 Newport stating that Newport has not established title or any interest in the Property and 3 finding that Newport never acquired legal title or interest in the Property and abandoned any 4 interest it may ever have acquired in the Property (the “Order”). ECF No. 24. The Order 5 provided Plaintiffs with the primary relief sought in this action. See Complaint, ECF No. 1. 6 5. On April 4, 2018, HOA filed its answer. ECF No. 26 7 6. In light of the Order, Plaintiffs and HOA agree that the remaining claims against 8 HOA can be resolved though informal settlement negotiations. The parties further agree that 9 these negotiations will result in a stipulated dismissal of the remaining claims against HOA. 10 7. Given the forthcoming resolution of the remaining claims against HOA and to 11 avoid wasting resources and incurring potentially unnecessary expense associated with 12 discovery and continued litigation, Plaintiffs and HOA agree and request a stay of the case to 13 give each side sufficient time and resources to finalize settlement. This stipulation is made in 14 good faith and not for the purpose of delay. 15 Dated: April 5, 2018. Dated: April 5, 2018. 16 HALL, JAFFE & CLAYTON, LLP SMITH LARSEN & WIXOM 17 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. 18 19 20 21 22 23 24 ORDER IT IS SO ORDERED. 25 26 UNITED STATE DISTRICT COURT JUDGE 27 DATED: 28 16th day of April, 2018. 2

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