The Bank of New York Mellon v. Nevada New Builds, LLC et al

Filing 62

ORDER granting 59 STIPULATION of Dismissal Dismissing Claims against Canyon Willow Tropicana (Canyon Willow East Unit 1) with prejudice. Signed by Judge Richard F. Boulware, II on 6/9/2020. (Copies have been distributed pursuant to the NEF - DRS)

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REX D. GARNER, ESQ.
Nevada Bar. No. 9401
AKERMAN LLP
1635 Village Center Circle, Ste. 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon f/k/a
The Bank of New York Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee for the
Structured Asset Mortgage Investments II Trust,
Mortgage Pass-Through Certificates, Series 2006AR3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK SUCCESSOR
TRUSTEE TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR THE STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST,
MORTGAGE
PASS-THROUGH
CERTIFICATES,
SERIES
2006-AR3,
a
Delaware corporation

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Case No.: 2:16-cv-02894-RFB-EJY

STIPULATION AND ORDER
DISMISSING CLAIMS AGAINST
CANYON WILLOW TROPICANA
(CANYON WILLOW EAST UNIT 1)

Plaintiff,

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vs.
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NEVADA NEW BUILDS, LLC, a Nevada
limited liability company; AFFLUENT REAL
ESTATE INVESTORS, LLC, a domestic limited
company; CANYON WILLOW TROPICANA
(CANYON WILLOW EAST UNIT 1), a Nevada
non-profit company; and EQUITY HOLDING
CORP., as Trustee for THE EAST TROPICANA
AVENUE TRUST NO. 15115151 DATED
12/01/2015, a California Trust,

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Defendants.
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53370953;1

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EQUITY HOLDING CORP., as Trustee for THE
EAST TROPICANA AVENUE TRUST NO.
15115151 DATED 12/01/2015, a California
Trust,
Counterclaimant,

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vs.
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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK SUCCESSOR
TRUSTEE TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR THE STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST,
MORTGAGE
PASS-THROUGH
CERTIFICATES,
SERIES
2006-AR3,
a
Delaware corporation; DOES 1 through 10; and
ROE CORPORATIONS 1 through 10, inclusive,

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Counterdefendants.

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The Bank of New York Mellon f/k/a The Bank of New York Successor Trustee to JPMorgan

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Chase Bank, N.A., as Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage

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Pass-Through Certificates, Series 2006-AR3 (BoNYM) and Canyon Willow Tropicana (Canyon

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Willow East Unit 1) (Canyon Willow), stipulate as follows:

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1.

This matter relates to real property located at 5710 East Tropicana Avenue #1075,

Las Vegas, Nevada 89122, APN 161-21-813-065 (the Property).

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2.

BoNYM is the beneficiary of record of a deed of trust recorded against the Property

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with the Clark County Recorder on November 23, 2005, as Instrument No. 20051123-0002376 (the

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Deed of Trust), executed by Nancy L. Hines to secure a promissory note in the principal amount of

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$140,500.

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3.

On August 26, 2013, Canyon Willow recorded a foreclosure deed with the Clark

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County Recorder, as Instrument No. 201308260001618 (the HOA Foreclosure Deed), reflecting

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that Nevada New Builds LLC (NNB) acquired the Property at a foreclosure sale of the Property held

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on August 23, 2013 (the HOA Foreclosure Sale).

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4.

On December 14, 2016, BoNYM initiated a quiet title action related to the Property in

the United States District Court for the District of Nevada, Case No. 2:16-cv-02894-RFB-GWF (the
53370953;1

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Quiet Title Action).

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5.

BoNYM and Canyon Willow have entered into a confidential settlement agreement in

which they have settled all claims between them in this case.

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6.

BoNYM and Canyon Willow stipulate and agree all claims between them are

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dismissed with prejudice, with each party to bear its own attorney's fees and costs. This dismissal

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does not affect any other claims or parties.

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DATED: June 8, 2020

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AKERMAN LLP

LIPSON NEILSON P.C.

/s/ Rex D. Garner
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REX D. GARNER, ESQ.
Nevada Bar. No. 9401
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Megan H. Hummel
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
MEGAN H. HUMMEL, ESQ.
Nevada Bar No. 12404
990 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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Attorneys for The Bank of New York Mellon
f/k/a The Bank of New York Successor Trustee
to JPMorgan Chase Bank, N.A., as Trustee for
the Structured Asset Mortgage Investments II
Trust, Mortgage Pass-Through Certificates,
Series 2006-AR3

Attorneys for defendant Canyon Willow
Tropicana (Canyon Willow East Unit 1)

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IT IS SO ORDERED.

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________________________________
_________________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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DATED this 9th day of June, 2020.
DATED:

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53370953;1

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