HSBC Bank USA, National Association v. SFR Investments Pool 1, LLC et al

Filing 44

ORDER granting 43 Stipulation of Dismissal with prejudice as to SFR Investments Pool 1 LLC and Lifting Stay; Signed by Judge Richard F. Boulware, II on 12/12/2018. (Copies have been distributed pursuant to the NEF - JM)

[phone] FAX [phone]

Las Vegas, Nevada 89135-2958

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

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 89135-2958
Telephone: [phone]
5 Facsimile: [phone]
E-Mail: [e-mail]
6 E-Mail: [e-mail]
7 Attorneys for Plaintiff/Counter-Defendant HSBC
Bank USA, National Association, as Trustee
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
HSBC BANK USA, NATIONAL
11 ASSOCIATION, AS TRUSTEE FOR
PEOPLE’S CHOICE HOME LOAN
Case No. 2:16-cv-02762-RFB-NJK
12 SECURITIES CORP., PEOPLE’S
CHOICE HOME LOAN SECURITIES
STIPULATION AND ORDER
13 TRUST SERIES 2005-1, MORTGAGEBACKED NOTES, SERIES 2005-1,
TO 1) DISMISS WITH
PREJUDICE CLAIMS
14
Plaintiff,
BETWEEN
PLAINTIFF/COUNTER15
vs.
DEFENDANT HSBC BANK
USA, NATIONAL
16
SFR INVESTMENTS POOL 1 LLC, a
ASSOCIATION, BELCREST
HOMEOWNERS
17 Nevada limited liability company;
BELCREST HOMEOWNERS
ASSOCIATION AND
DEFENDANT/COUNTER18 ASSOCIATION, a Nevada non-profit
corporation.
CLAIMANT SFR
INVESTMENTS POOL 1, LLC;
19
Defendant.
AND 2) LIFT STAY
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SFR INVESTMENTS POOL 1, LLC, a
21 Nevada limited liability company,
Counter/Cross-claimant,

22
23 vs.

24 HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
25 PEOPLE’S CHOICE HOME LOAN
SECURITIES CORP., PEOPLE’S
26 CHOICE HOME LOAN SECURITIES
TRUST SERIES 2005-1, MORTGAGE27 BACKED NOTES, SERIES 2005-1; AND
MARILU AGUILERA, an individual,
28
Counter/Cross-defendants.
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Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff/Counter-defendant

2 HSBC Bank USA, National Association, as Trustee for People’s Choice Home Loan
3 Securities Corp., People’s Choice Home Loan Securities Trust Series 2005-1,
4 Mortgage-Backed Notes, Series 2005-1 (“Trustee”), Defendant/Counterclaimant
5 SFR Investment Pools 1, LLC (“SFR”), and Defendant Belcrest Homeowners
6 Association (the “Association”) (collectively, the “Parties”) hereby stipulate as
7 follows:
8

1.

This action concerns title to real property commonly known as 5880

9 Sakhalin Avenue, Las Vegas, Nevada (“Property”) following a homeowner’s
10 association foreclosure sale conducted on July 12, 2013, with respect to the

[phone] FAX [phone]

12
Las Vegas, Nevada 89135-2958

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

11 Property.
2.

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

13 of Trust recorded against the Property in the Official Records of Clark County,
14 Nevada as Instrument Number 20041124-0003185 (“Deed of Trust”), and in
15 particular, whether the Deed of Trust continues to encumber the Property.
16

3.

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

17 respective claims, and further agreed that the claims between them, including the
18 Complaint and Counterclaim, shall be DISMISSED with prejudice;
19

4.

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

20 Aguilera;
21

5.

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

22 posted by the Trustee on January 12, 2017 pursuant to this Court’s Order [ECF No.
23 11] shall be discharged and released to the Ballard Spahr LLP Trust Account;
24

6.

The Parties further stipulate and agree that the Lis Pendens recorded

25 against the Property in the Official Records of Clark County, Nevada, as
26 Instruments Number 2017013-00000119 be, and the same hereby is, EXPUNGED.
27

7.

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

28 and Order may be recorded with the Clark County Recorder;
2
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8.

The Parties further agree to lift the stay entered July 13, 2018 [ECF

2 No. 82];
3

9.

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

4 pending cross-claim against Marilu Aguilera; and
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(Remainder of Page Intentionally Left Blank)

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[phone] FAX [phone]

12
Las Vegas, Nevada 89135-2958

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

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10.

Each party in this case number 2:16-cv-02762-RFB-NJK shall bear its

2 own attorneys’ fees and costs.
3 Dated: December 11, 2018
4
5

BALLARD SPAHR LLP

KIM GILBERT EBRON

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
6

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

Attorneys for SFR Investments Pool 1,
LLC

12 TYSON & MENDES, LLP
[phone] FAX [phone]

Las Vegas, Nevada 89135-2958

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

11

13 By: /s/ Thomas E. McGrath
Thomas E. McGrath, Esq.
14
Nevada Bar No. 7086
Christopher A. Lund, Esq.
15
Nevada Bar No. 12435
8275 South Eastern Ave., Suite 115
16
Las Vegas, Nevada 89123
17 Attorney for Defendant Belcrest
Homeowners Association
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IT IS SO ORDERED.

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__________________________________________
________________________________
UNITED F. BOULWARE, II
RICHARDSTATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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DATED: ___________________________
DATED this 12th day of December, 2018.

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