Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al

Filing 47

ORDER granting 46 Stipulation of Dismissal with prejudice as to the claims among them as to Wilmington Trust, N.A., SFR Investments Pool 1, LLC, Giavanna Homeowners Association, and Absolute Collection Services, LLC, and to Lift Stay. The case remains open until such time as SFR resolves its pending cross-claim against Machelle Clark. Signed by Judge Richard F. Boulware, II on 12/11/2018. (Copies have been distributed pursuant to the NEF: cc Finance - MMM)

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Attorneys for Plaintiff The
Wilmington Trust, N.A., Successor
Trustee to Citibank, N.A., as
Trustee f/b/o Holders of Structured
Asset Mortgage Investments II Inc.,
Bear Stearns ALT-A Trust 2006-4,
Mortgage Pass-Through Certificates,
Series 2006-4

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Joel E. Tasca
Nevada Bar No. 14124
Justin A. Shiroff
Nevada Bar No. 12869
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILMINGTON TRUST, N.A.,
SUCCESSOR TRUSTEE TO CITIBANK,
N.A., AS TRUSTEE F/B/O HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., BEAR
STEARNS ALT-A TRUST 2006-4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-4
Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
GIAVANNA HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation,
Defendants.

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DMWEST #18330765 v1

Case No. 2:16-cv-02756-RFB-VCF

STIPULATION AND ORDER TO 1)
DISMISS WITH PREJUDICE
WILMINGTON TRUST, N.A., SFR
INVESTMENTS POOL 1, LLC,
GIAVANNA HOMEOWNERS
ASSOCIATION; AND ABSOLUTE
COLLECTION SERVICES, AND 2)
LIFT STAY ENTERED APRIL 4,
2018

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GIAVANNA HOMEOWNERS
ASSOCIATION,
Third Party Plaintiff,

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vs.
ABSOLUTE COLLECTION SERVICES,
LLC,

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Third Party Defendant.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

WILMINGTON TRUST, N.A.,
SUCCESSOR TRUSTEE TO CITIBANK,
N.A., AS TRUSTEE F/B/O HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., BEAR
STEARNS ALT-A TRUST 2006-4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-4;
MASHELLE CLARK aka SHELLY
CLARK, an individual,

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

vs.

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Counter/Cross Defendants.

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Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff/Counter-Defendant

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Wilmington Trust, N.A., Successor Trustee to Citibank, N.A., as Trustee F/B/O

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Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust

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2006-4, Mortgage

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Defendant/Counterclaimant SFR Investment Pools 1, LLC (“SFR”), Giavanna

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Homeowners Association (“Giavanna”), and Absolute Collection Services, LLC

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(“Absolute”) (collectively, the “Parties”) hereby stipulate as follows:

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1.

Pass-Through Certificates,

Series

2006-4 (the “Trustee”),

This action concerns title to real property commonly known as 5434

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Stelle Amore Street, North Las Vegas, Nevada (“Property”) following a homeowner’s

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association foreclosure sale conducted on September 17, 2013, with respect to the

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Property.
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DMWEST #18330765 v1

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2.

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

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of Trust recorded against the Property in the Official Records of Clark County,

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Nevada as Instrument Number 20060330-0002376 (“Deed of Trust”), and in

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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

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

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including the Complaint, Counterclaim, and Third Party Complaint shall be

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DISMISSED with prejudice;

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4.

As Mashelle Clark aka Shelly Clark (“Clark”) never filed an Answer or

dismisses its claims against her pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

other response to the Complaint in this action, the Trustee hereby voluntarily

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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5.

This Stipulation in no way affects SFR’s cross-claim against Clark;

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6.

The Parties further stipulate and agree that the Lis Pendens recorded

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against the Property in the Official Records of Clark County, Nevada, as Instruments

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Number 201702230002798 be, and the same hereby is, EXPUNGED.

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7.

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

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posted by Chase on February 8, 2017 pursuant to this Court’s Order [ECF No. 15]

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shall be discharged and released to the Ballard Spahr LLP Trust Account.

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and Order may be recorded with the Clark County Recorder;

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

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The Parties further agree to lift the stay entered April 4, 2018 [ECF No.

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

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cross-claim against Clark; and

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(Remainder of Page Intentionally Left Blank)

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DMWEST #18330765 v1

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11.

Each party in this case number 2:16-cv-02756-RFB-VCF shall bear its

own attorneys’ fees and costs.
Dated this December 10, 2018.
BALLARD SPAHR LLP

KIM GILBERT EBRON

By: _/s/ Justin A. Shiroff__
Joel E. Tasca
Nevada Bar No. 14124
Justin A. Shiroff
Nevada Bar No. 12869
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: _/s/ Jacqueline 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

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Attorneys for Plaintiff

Attorneys for SFR Investments Pool 1,
LLC

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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BOYACK ORME & ANTHONY

ABSOLUTE COLLECTION SERVICES, LLC

By: _/s/ Christopher B. Anthony
Edward D. Boyack
Nevada Bar No. 5229
Christopher B. Anthony
Nevada Bar No. 9748
7432 W. Sahara Ave
Las Vegas, Nevada 89117

By: _/s/ Shane Cox___
_
Shane D. Cox
Nevada Bar No. 13852
8440 West Lake Mead Blvd., Ste 210
Las Vegas, Nevada 89128

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Attorney for Absolute Collection Services,
LLC

Attorneys for Giavanna Homeowners
Association

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IT IS SO ORDERED.

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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DATED this 11th day of December, 2018.

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