The Bank of New York Mellon v. Sunrise Ridge Master Homeowners Association et al

Filing 105

ORDER granting 104 Motion to Lift Stay Stipulation of Dismissal. Based on the parties' stipulation [ECF No. 104] and good cause appearing, IT IS HEREBY ORDERED that the STAY is LIFTED and all claims in this action are DISMISSED with prejudi ce, EXCEPT for SFR Investments Pool 1, LLC's claims against defaulted party Patty Tan, each side to bear its own fees and costs. The Clerk of Court is directed to REOPEN this case and terminate all parties except for Cross Claimant SFR Investments Pool 1, LLC and Cross Defendant Patty Tan. Signed by Judge Jennifer A. Dorsey on 12/28/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-00214-JAD-EJY Document 104 Filed 12/24/20 Page 1 of 4
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12/28/20
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ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
[e-mail]
HALL JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, Nevada 89128
[phone]
Fax [phone]
Attorneys for Sunrise Ridge Master
Homeowners Association

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS CWMBS, INC.,
CHL MORTGAGE PASS-THROUGH
TRUST 2005-HYB4, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200HYB4,

ECF No. 104

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vs.

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SUNRISE RIDGE MASTER
HOMEOWNERS ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and
NEVADA ASSOCIATION SERVICES,
INC.,

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Defendants.
_________________________________________
SFR INVESTMENTS POOL 1, LLC,
Counter/Cross Claimant,

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vs.

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS CWMBS, INC.,
CHL MORTGAGE PASS-THROUGH
TRUST 2005-HYB4, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200HYB4; PATTY TAN, an individual,

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STIPULATION AND ORDER TO
REOPEN TO LIFT STAY AND
TO DISMISS WITH
PREJUDICE

Plaintiff,

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Case No.: 2:17-cv-00214-JAD-EJY

Counter/Cross Defendants.

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Case 2:17-cv-00214-JAD-EJY Document 104 Filed 12/24/20 Page 2 of 4
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The Bank Of New York Mellon fka The Bank Of New York As Trustee for

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The Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2005-

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HYB4, Mortgage Pass-Through Certificates, Series 2005-HYB4 Mortgage Pass-

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Through Certificates, Series 200-HYB4 (“BoNYM”), SFR Investment Pool 1, LLC

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(“SFR”), and Sunrise Ridge Master Homeowners Association (“HOA”), by and

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through their respective counsel of record, stipulate as follows:
1.

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[ECF No. 1].
2.

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BNYM filed its Complaint against SFR and HOA on January 25, 2017

The parties filed a Joint Status Report and Stipulation and Order to

Stay Proceedings (First Request) on August 28, 2020 [ECF No. 100].
3.

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The Court entered its Order to Stay Proceedings and Vacate Trial

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(First Request) on August 31, 2020, and administratively closed this case [ECF

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No. 101], which directed Plaintiff to file a motion to reopen and dismiss the case

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within 120 days of the order.
4.

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The parties to this stipulation have now resolved the claims in this

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action, except for SFR’s claim against Patty Tan, and desire to obtain a stipulated

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dismissal.

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5.

The parties agree to re-open the case and lift the stay.

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Once this order is entered both re-opening this case and lifting the

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stay, SFR intends to resolve its claims against Patty Tan by a motion for default

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judgment.
7.

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///

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///

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///

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There is therefore good cause to reopen the case and lift the stay.

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Case 2:17-cv-00214-JAD-EJY Document 104 Filed 12/24/20 Page 3 of 4
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8.

These stipulating parties agree to dismiss all claims asserted in this

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case with prejudice, except for SFR’s claims against Patty Tan, with each party to

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bear its own fees and costs.

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Dated: December 24, 2020

Dated: December 24, 2020

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HALL, JAFFE & CLAYTON, LLP

KIM GILBERT EBRON

/s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, Nevada 89128
Attorneys for Sunrise Ridge Master
Homeowners Association

/s/ Karen L. Hanks
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
Jason G. Martinez, Esq.
Nevada Bar No. 13375
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

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Dated: December 24, 2020
AKERMAN LLP

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/s/ Nicholas E. Belay
Ariel E. Stern, Esq.
Nevada Bar No. 8276
Natalie L. Winslow, Esq.
Nevada Bar No. 12125
Nicholas E. Belay, Esq.
Nevada Bar No. 15175
1635 Village Center Drive, Suite 200
Las Vegas, Nevada 89134
Attorneys for Bank of New York Mellon

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ORDER
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Based SO ORDERED:stipulation [ECF No. 104] and good cause appearing, IT IS
IT IS on the parties'
HEREBY ORDERED that the STAY is LIFTED and all claims in this action are
DISMISSED with prejudice, EXCEPT for SFR Investments Pool 1, LLC's claims ____
UNITED STATES DISTRICT COURT JUDGE
against defaulted party Patty Tan, each side to bear its own fees and costs. The Clerk
of Court is directed to REOPEN this case and terminate all parties except for Cross
DATED:
Claimant SFR Investments Pool 1, LLC and Cross Defendant Patty Tan.

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_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: December 28, 2020