Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 82

ORDER Granting 81 Stipulation of Dismissal with Prejudice. Signed by Judge James C. Mahan on 11/15/2018. (Copies have been distributed pursuant to the NEF - MR)

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COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17

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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 FKA
THE BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17,
Plaintiff,

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v.
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SFR INVESTMENTS POOL 1, LLC, ALIANTE
MASTER ASSOCIATION,
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counter/Cross Claimant,

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v.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17;
COUNTRYWIDE HOME LOANS, INC.;
RODERICK SMITH, an individual; MELINDA
SMITH, an individual,

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Counter/Cross Defendants.

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3190767.1

CASE NO. 2:17-cv-00210-JCM-CWH
STIPULATION AND ORDER TO DISMISS
WITH PREJUDICE

Pursuant to Fed. R. Civ. P. 41(a) and LR IA 6-2, Plaintiff THE BANK OF NEW YORK

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MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE

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CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES

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2005-17 (“Plaintiff”) and Defendant, SFR INVESTMENT POOL 1, LLC (“SFR”) (collectively the

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“Parties”) by and through their respective undersigned counsel of record, hereby stipulate to and

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agree, as follows:
1. This action concerns title to real property commonly known as 4108 Erinbird Avenue,

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North Las Vegas, Nevada (“Property”) following a homeowner’s association foreclosure

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sale conducted on January 31, 2014, with respect to the Property.

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2. As it related to the Parties, a dispute arose regarding that Deed of Trust recorded against

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the Property in the Official Records of Clark County, Nevada as Instrument Number

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20051130-0007844 (“Deed of Trust”), and in particular, whether the Deed of Trust

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continues to encumber the Property.
3. This Stipulation and Order is the result of a compromise resolution of this action and

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shall not constitute or be construed as an admission of facts or legal conclusions at issue

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in this action, or an admission as to the validity of the allegations in future actions.

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4. With respect to this dispute, the Parties have entered into a confidential settlement

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agreement pursuant to which Plaintiff shall record a reconveyance of the Deed of Trust in

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the real property records of Clark County, Nevada.
5. Plaintiff expressly reserved all rights and interests in the loan secured by the Deed of

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Trust, as well as its claims against MELINDA SMITH including but not limited to, any

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actions to seek a deficiency judgment.
6. Plaintiff further expressly reserves all rights and interest in any excess proceeds from the

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foreclosure sale of the Property.

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7. The Parties have resolved all of their claims and disputes, and stipulate and agree to the

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dismissal of all claims among them with prejudice, with each party to bear its own costs

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and attorneys’ fees.

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///
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3190767.1

8. The Lis Pendens recorded on January 30, 2017 in the official records of the Clark County

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Recorder as Instrument No. 20170130-001105 shall be expunged.

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9. The Lis Pendens recorded on March 9, 2017 in the official records of the Clark County

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Recorder as Instrument No. 20170309-0000364 shall also be expunged.

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10. The Parties further stipulate and agree that a copy of this Stipulation and Order may be

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recorded with the Clark County Recorder.

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IT IS SO STIPULATED.

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DATED this 7th day of November, 2018

DATED this 7th day of November, 2018

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WOLFE & WYMAN LLP

KIM GILBERT EBRON

By: /s/ Colt B. Dodrill
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
6757 Spencer Street
Las Vegas, NV 89119
Attorneys for Plaintiff
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17

By: /s/ Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139-5974
Attorneys for Defendant
SFR INVESTMENTS POOL 1, LLC

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ORDER
IT IS SO ORDERED.

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November day of _____________, 2018.
DATED this ______ 15, 2018.

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______________________________
DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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3190767.1

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CERTIFICATE OF SERVICE

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On November 7, 2018, I served STIPULATION AND ORDER TO DISMISS WITH
PREJUDICE by the following means to the persons as listed below:
X

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a.

ECF System (you must attach the “Notice of Electronic Filing”, or list

all persons and addresses and attach additional paper if necessary):
Diana S. Ebron, Esq.
Jacqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
[e-mail]
[e-mail]
[e-mail]

Sean L. Anderson, Esq.
Timothy C. Pittsenbarger, Esq.
LEACH KERN GRUCHOW ANDERSON
SONG
2525 Box Canyon Drive
Las Vegas, NV 89128
[e-mail]
[e-mail]
Attorneys for Defendant
ALIANTE MASTER ASSOCIATION

Attorney for Defendant
SFR INVESTMENTS POOL 1, LLC

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b.

United States Mail, postage fully pre-paid (List persons and addresses.

Attach additional paper if necessary):

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By:

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Jamie C. Soquena
Jamie C. Soquena, an employee of
Wolfe & Wyman LLP

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3190767.1