U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 92

ORDER. IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendants David L. McCoy and Pamela McCoy, any successors and assigns, have no right, title or interest in the Property and that SFR is the rightful title owner. IT IS FURTHER ORDERED that this judgment does not adjudicate SFR's claims against, or the defenses of, any other party to this case. Signed by Judge James C. Mahan on 1/21/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-02801-JCM-EJY Document 91-11 Filed 01/15/20 Page 2 of 4

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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U.S. BANK, N.A., SUCCESSOR TRUSTEE
TO BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO LASALLE
BANK, N.A., AS TRUSTEE, ON BEHALF
OF THE HOLDERS OF THE WASHINGTON
MUTUAL MORTGAGE PASS THROUGH
CERTIFICATES, WMALT SERIES 2005-10,

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Case No. 2:16-cv-02801-JCM-EJY
JUDGMENT BY DEFAULT AGAINST
DAVID L. MCCOY AND PAMELA
MCCOY

Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; SHERMAN
OAKS ESTATES OWNERS ASSOCIATION,
a Nevada non-profit corporation,
Defendants.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

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vs.

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U.S. BANK, N.A., SUCCESSOR TRUSTEE
TO BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO LASALLE
BANK, N.A., AS TRUSTEE, ON BEHALF
OF THE HOLDERS OF THE WASHINGTON
MUTUAL MORTGAGE PASS THROUGH
CERTIFICATES, WMALT SERIES 2005-10;
DAVID L. MCCOY, an individual; PAMELA
MCCOY, and individual,

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Counter/Cross Defendants.
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Case 2:16-cv-02801-JCM-EJY Document 91-11 Filed 01/15/20 Page 3 of 4

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This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) Application

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for Judgment by Default against David L. McCoy and Pamela McCoy (“the McCoys” or “Cross-

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Defendants”). Having considered the application, including the declarations attached thereto, the

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Court makes the following findings of fact and conclusions of law:

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1.

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relief against Cross-Defendants, relating to real property located at 4779 Laurel Canyon Street,

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Las Vegas, Nevada 89129; Parcel No. 138-04-511-010 (“the Property”).

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2.

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FRCP 12. The Clerk of the Court appropriately entered a default against Cross-Defendants on June

On January 17-2017, SFR filed a Cross-Claim [ECF No. 19] for quiet title and injunctive

Cross-Defendants failed to answer the complaint within the 21-day time limit set forth in

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Cross-Defendants are not incompetent, infants, or serving in the United States military.

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[phone] FAX [phone]

KIM GILBERT EBRON

1, 2017.

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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4.

SFR submitted credible evidence in support of its application in the form of documents

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obtained from the Official Records of the Clark County Recorder and declarations made under

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penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against

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Cross-Defendants.
NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and

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made the foregoing findings of fact and conclusions of law, and finding good cause,

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IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendants David L. McCoy

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and Pamela McCoy, any successors and assigns, have no right, title or interest in the Property and

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that SFR is the rightful title owner.

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Case 2:16-cv-02801-JCM-EJY Document 91-11 Filed 01/15/20 Page 4 of 4

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IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims against,
or the defenses of, any other party to this case.

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UNITED STATES DISTRICT COURT JUDGE
January 21, 2020.
Dated:________________________

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DATED this 15th day of January, 2020.

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Respectfully submitted by:
KIM GILBERT EBRON
/s/ Jason G. Martinez
JASON G. MARTINEZ, ESQ.
Nevada Bar No. 13375
7625 Dean Martin Dr., Ste. 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC

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