JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 29

ORDER Granting 28 Stipulation of Dismissal without prejudice as to Diamond Creek CA. Signed by Judge James C. Mahan on 4/19/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02779-JCM-GWF Document 28 Filed 04/14/17 Page 1 of 3

1 Joel E. Tasca
Nevada Bar No. 14124
2 Russell J. Burke
Nevada Bar No. 12710
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

10 JPMORGAN CHASE BANK, N.A.
11

Plaintiff,

12
13 vs.

Defendants.

19

SFR INVESTMENTS POOL 1, LLC., a
20 Nevada limited liability company,
21
22
23
24
25

Counter-Claimant,
vs.
JPMORGAN CHASE BANK, N.A.
Counter-Defendant.

SFR INVESTMENTS POOL 1, LLC., a
26 Nevada limited liability company,
27
28

STIPULATION AND ORDER OF
DISMISSAL

14 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
15 MOUNTAIN’S EDGE MASTER
ASSOCIATION, a Nevada non-profit
16 corporation; and DIAMOND CREEK
COMMUNITY ASSOCIATION, a
17 Nevada non-profit corporation.
18

Case No. 2:16-cv-02779-JCM-GWF

Cross-Claimant,

DMWEST #16438430 v1

Case 2:16-cv-02779-JCM-GWF Document 28 Filed 04/14/17 Page 2 of 3

1 vs.
2 SIU MING PANG, an individual,
3

Cross-Defendant.

4
5

STIPULATION AND ORDER FOR DISMISSAL
Pursuant to Fed. R. Civ. P. 41(a), Plaintiff/counterdefenant JPMorgan Chase

6

7 Bank, N.A. (“Chase”) and Defendant Diamond Creek Community Association
8 (“Diamond Creek CA”), through their counsel of record, stipulate as follows:
1.

9

On December 5, 2016, Chase filed a complaint, naming the Diamond

10 Creek CA as a necessary party.
2.

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

11

Diamond Creek CA takes the position that it did not conduct the

12 association foreclosure sale giving rise to this lawsuit, notwithstanding the fact that
13 it is the homeowners’ association identified in the relevant recorded documents.
3.

14

Diamond Creek CA takes the position that current non-party Diamond

15 Creek Homeowners’ Association conducted the relevant association foreclosure sale.
4.

16

At this time, Chase takes no position on which association conducted

17 the sale.
18

5.

Chase agrees to dismiss Diamond Creek CA without prejudice.

19

6.

The parties agree that Diamond Creek CA, although no longer a party

20 to this case, shall be bound by and cooperate in the enforcement of any final
21 judgment that this Court enters regarding the determination of which association
22 conducted the sale, quieting title, and declaratory relief as between the remaining
23 parties and any other party regarding priority of the respective interests in title to
24 the subject property.
7.

25

Diamond Creek CA agrees that it will participate in third-party

26 discovery in compliance with the Federal Rules of Civil Procedure should the need
27 arise for any remaining party to conduct discovery on Diamond Creek CA.
28 ///
DMWEST #16438430 v1

2

Case 2:16-cv-02779-JCM-GWF Document 28 Filed 04/14/17 Page 3 of 3

8.

1

Diamond Creek CA and Chase shall each bear its own fees and costs

2 incurred in this matter.
3 Dated: April 14, 2017

Dated: April 14, 2017

4 Ballard Spahr LLP

Boyack, Orme& Anthony

5 By: /s/ Russell J. Burke
Joel E. Tasca, Esq.
6 NV Bar No. 14124
Russell J. Burke, Esq.
7 NV Bar 12710
100 N. City Parkway, Suite 1750
8 Las Vegas, NV 89106

By: /s/Colli C. McKiever
Colli C. McKiever, Esq.
NV Bar No. 13724
401 N. Buffalo Drive, Suite 202
Las Vegas, NV 89145

Attorneys for Diamond Creek
Community Association

Attorneys for JPMorgan Chase Bank,

9 N.A.
10
Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

11

ORDER

12

Based on the above stipulation between Chase and Diamond Creek CA and

13 good cause appearing therefore,
14

IT IS ORDERED that Diamond Creek CA only shall be dismissed from this

15 litigation without prejudice.
16

IT IS FURTHER ORDERED that each party shall bear all of its own fees and

17 costs.
18

IT IS FURTHER ORDERED that the Diamond Creek CA shall be bound by

19 and cooperate in the enforcement of any final judgment that this Court enters
20 regarding the association that conducted the foreclosure sale, quieting title and
21 declaratory relief as between the remaining parties and any other party, regarding
22 priority of the respective interests in title to the Subject Property.
23

___________________________________
DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

24

Dated:

25
26
27
28
DMWEST #16438430 v1

3

April 19, 2017