US Bank National Association et al v. Villa Vecchio Ct Trust et al

Filing 48

ORDER granting ECF No. 47 Stipulation of Dismissal as to Absolute Collection Services, LLC and The Foothills at Southern Highlands Homeowners Association without Prejudice. Signed by Judge Miranda M. Du on 10/15/2018. (Copies have been distributed pursuant to the NEF - LH)

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Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs US Bank National
Association and Wells Fargo
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR WELLS
FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005AR2 AT 4801 FREDERICA STREET,
OWENSBORO, KY 42301, a national
association; WELLS FARGO BANK, N.A., a
national association;

Case No. 2:17-cv-00143-MMD-VCF
STIPULATION AND ORDER TO
DISMISS ABSOLUTE COLLECTION
SERVICES, LLC AND THE
FOOTHILLS AT SOUTHERN
HIGHLANDS HOMEOWNERS
ASSOCIATION WITHOUT
PREJUDICE

Plaintiffs,
vs.
VILLA VECCHIO CT. TRUST, a Nevada
trust; ABSOLUTE COLLECTION
SERVICES, LLC, a Nevada limited-liability
company; THE FOOTHILLS AT SOUTHERN
HIGHLANDS HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation;
Defendants.

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US Bank National Association, as Trustee, Successor in Interest to Wachovia Bank,

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National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-

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Through Certificates, Series 2005-AR2 at 4801 Frederica Street, Owensboro, KY 42301 and

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Wells Fargo Bank, N.A. (together with US Bank, “Plaintiffs”), Absolute Collection Services,

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LLC (“Absolute”), and The Foothills at Southern Highlands Homeowners Association (the

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“Foothills HOA”) (together with Plaintiffs and Absolute the “Parties”), hereby stipulate and agree

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as follows:

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WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale

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involving that real property in Clark County, Nevada with APN 176-36-514-048, commonly

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known as 5147 Villa Vecchio Ct., Las Vegas, Nevada 89141 (the “Property”);

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WHEREAS, Plaintiffs filed their Complaint on January 17, 2017, alleging several causes
of action against Absolute and Foothills HOA; and
WHEREAS, Foothills HOA and Absolute disclaim any ownership interest in the

Snell & Wilmer

Property.

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

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1.

The Complaint is dismissed without prejudice as to Foothills HOA and

Absolute only, with each party to bear its own fees/costs.
2.

Foothills HOA and Absolute shall be bound by any non-monetary final order,

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judgment or decree as to the disposition of the Property and the validity of the NRS 116

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foreclosure sale of the Property.

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3.

Any statute of limitations for the causes of action asserted against Foothills HOA

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and Absolute in the Complaint shall be tolled from the date this Stipulation is signed by the

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parties until the litigation is fully and finally concluded.

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4.

Foothills HOA and Absolute agree to produce their files related to this

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Property. Plaintiffs reserve their rights under the Federal Rules of Civil Procedure to serve

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Foothills HOA and Absolute with a subpoena for any additional documents or information.

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5.

Foothills HOA and Absolute agree to produce to Plaintiffs’ attorneys of record a

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knowledgeable witness for deposition regarding the facts and circumstances in this case at a

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mutually convenient time and location and without the need for a subpoena. Foothills HOA and

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Absolute will also produce a similar witness for trial, if necessary.

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6.

Upon filing of this Stipulation, Foothills HOA’s and Absolute’s Motion to

Dismiss (ECF No. 43) shall be deemed withdrawn.

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7.

The above filing shall be subject to re-filing (even if amended based upon new

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factual or legal authority) if Foothills HOA or Absolute remains or again become a party to this

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action or any other action pertaining the HOA foreclosure sale at issue in this matter.

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Wherefore, the undersigned request this Court enter an Order granting the above
stipulation.

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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DATED this 12th day of October, 2018.

DATED this 12th day of October, 2018.

ABSOLUTE COLLECTION SERVICES, LLC SNELL & WILMER L.L.P.
By:

/s/ Shane D. Cox
Shane D. Cox, Esq.
Nevada Bar No. 13852
7485 W. Azure Dr., Suite 129
Las Vegas, Nevada 89130
Attorneys for Absolute Collection Services,
LLC and The Foothills at Southern
Highlands Homeowners Association

By:

/s/ Wayne Klomp
Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Wayne Klomp, Esq.
Nevada Bar No. 10109
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for US Bank and Wells Fargo

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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DATED: October 15, 2018

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