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

Filing 44

ORDER Granting 42 Stipulation to Dismiss and 43 Stipulation to Lift Stay. This case shall remain open until such time as SFR resolves its pending cross-claim against Wai Chung Ng. IT IS FURTHER ORDERED that the $500 in security costspos ted by Chase on 2/24/17 pursuant to this Courts Order [ECF No. 10 ]shall be discharged and released to the Ballard Spahr LLP Trust Account. Signed by Judge Richard F. Boulware, II on 1/2/2019. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

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Abran E. Vigil
Nevada Bar No. 7548
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]

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Attorneys for Plaintiff/Counter-Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135
[phone]

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff,
vs.

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SFR INVESTMENTS POOL 1, LLC, a
14 Nevada limited liability company; and
SUTTER CREEK HOMEOWNERS
15 ASSOCIATION, a Nevada non-profit
corporation,
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Defendants.
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18 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
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Counterclaimant,
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vs.
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JPMORGAN CHASE BANK, N.A.;
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Counter-Defendant.
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24 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
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Cross-Claimant,
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27 WAI CHUNG NG, an individual,
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Cross-Defendant.

DMWEST #18168352 v1

Case No.: 2:16-cv-02781-RFB-PAL
STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
SUTTER CREEK HOMEOWNERS
ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC
WITH PREJUDICE; AND 2) LIFT
STAY ENTERED MARCH 21, 2018

Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant

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JPMorgan

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Claimant SFR Investments Pool 1, LLC (“SFR”) and Defendant Sutter Creek

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Homeowners Association (“Sutter Creek”) (collectively, the “Parties”), through their

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respective attorneys, stipulate as follows:
1.

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Chase

Bank,

N.A.

(“Chase”),

Defendant/Counterclaimant/Cross-

This action concerns title to real property commonly known as 3232

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Idaho Springs Street, North Las Vegas, Nevada 89032 (the “Property”) following a

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homeowner’s association foreclosure sale conducted on December 5, 2012, with

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respect to the Property.
2.

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135
[phone]

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

11 of Trust recorded against the Property in the Official Records of Clark County,
12 Nevada as Instrument Number 20090327-0004622 (the “Deed of Trust”), and in
13 particular, whether the Deed of Trust continues to encumber the Property.
3.

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The Parties to this Stipulation have agreed to release their respective

15 claims, and further agreed that the claims between them, including the Complaint
16 and Counterclaim, shall be DISMISSED with prejudice.
4.

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

18 Chung Ng.
5.

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

20 posted by Chase on February 24, 2017 pursuant to this Court’s Order [ECF No. 10]
21 shall be discharged and released to the Ballard Spahr LLP Trust Account.
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The Parties further stipulate and agree that a copy of this Stipulation

23 and Order may be recorded with the Clark County Recorder;
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The Parties further agree to lift the stay entered March 21, 2018 [ECF

25 No. 41];
8.

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

27 pending cross-claim against Wai Chung Ng; and
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DMWEST #18168352 v1

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BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135
[phone]

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9.

Each party in this case number 2:16-cv-02781-RFB-PAL shall bear its

own attorneys’ fees and costs.
Dated: December 31, 2018
BALLARD SPAHR LLP

KIM GILBERT EBRON

By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Justin A. Shiroff, Esq.
Nevada Bar No. 12869
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ Jacqueline A. Gilbert
Jacqueline A. Gilbert
Nevada Bar No. 10593
Diana S. Ebron
Nevada Bar No. 10580
Karen Hanks
Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89014

Attorneys for JPMorgan Chase Bank, N.A.

Attorneys for SFR Investments Pool
1, LLC

12 HALL, JAFFE & CLAYTON, LLP
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14 By: /s/ Ashlie L. Surur
Ashlie L. Surur
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Nevada Bar No. 11290
7425 Peak Drive
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Las Vegas, NV 89128
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Attorney for Sutter Creek Homeowners’
18 Association
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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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DATED:

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DMWEST #18168352 v1

January 2, 2019
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