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)

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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: (702) 471-7000 5 Facsimile: (702) 471-7070 tasca@ballardspahr.com 6 burker@ballardspahr.com 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 (702) 471-7000 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 (702) 471-7000 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 (702) 471-7000 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

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