U.S. Bank National Association v. LVDG LLC Series 114, et al

Filing 25

ORDER granting 24 Motion to Dismiss. All claims against the La Mancha Homeowners Association, Inc. are dismissed with prejudice. IT IS FURTHER ORDERED that the HOA's Motion to Dismiss 18 is DENIED as moot, and the 5/22/17 hearing is VACATED. Signed by Judge Jennifer A. Dorsey on 4/25/2017. (Copies have been distributed pursuant to the NEF - DC)

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Case 2:17-cv-00285-JAD-PAL Document 24 Filed 04/24/17 Page 1 of 4 1 2 3 4 5 6 7 8 9 Joel E. Tasca Nevada Bar No. 14124 Holly Ann Priest Nevada Bar No. 13226 Kyle A. Ewing Nevada Bar No. 14051 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106 Telephone: (702) 471-7000 Facsimile: (702) 471-7070 tasca@ballardspahr.com priesth@ballardspahr.com ewingk@ballardspahr.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT 10 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89106 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 13 DISTRICT OF NEVADA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, N.A. AS TRUSTEE FOR MLMI 2005-A8, 14 Plaintiff, 15 vs. 16 LVDG LLC SERIES 114, a Nevada limited liability company; AIRMOTIVE INVESTMENTS LLC, a Nevada limited liability company; LA MANCHA HOMEOWNERS ASSOCIATION, INC., a Nevada non-profit corporation, 17 18 19 Case No. 2:17-cv-00285-JAD-PAL ORDER GRANTING JOINT MOTION TO DISMISS LA MANCHA HOMEOWNERS ASSOCIATION, INC. ECF No. 18, 24 Defendants. 20 21 Plaintiff U.S. Bank National Association, As Trustee, Successor in Interest to 22 Wachovia Bank, N.A. as Trustee for MLMI 2005-A8 (“U.S. Bank”), by and through its 23 attorney, Ballard Spahr, LLP and Defendant La Mancha Homeowners Association, 24 Inc. (the “HOA”)(collectively, the “Parties”) by and through its attorney, Boyack, 25 Orme & Anthony jointly move to dismiss Defendant La Mancha Homeowners 26 Association. The Parties state: 1. 27 28 On January 31, 2017, U.S. Bank filed a complaint, naming the HOA as a party. DMWEST #16247488 v2 Case 2:17-cv-00285-JAD-PAL Document 24 Filed 04/24/17 Page 2 of 4 1 2. Plaintiff agrees to dismiss the HOA with prejudice. 2 3. The Parties agree that the HOA, although no longer a party to this case, 3 shall be bound by and cooperate in the enforcement of any final judgment that this 4 Court enters regarding quieting title and declaratory relief as between the remaining 5 Defendants, Plaintiff, and any other party, regarding their respective interests in 6 property located at 3232 La Mancha Way, Henderson, Nevada 89014. 7 4. The HOA further agrees to respond to any third party discovery 8 propounded on it after the HOA's dismissal in accordance with the Scheduling Order 9 in this matter. 10 5. The HOA and Plaintiff shall each bear its own fees and costs incurred in (702) 471-7000 FAX (702) 471-7070 this matter, and the HOA hereby waives any and all rights to recover costs and fees 12 LAS VEGAS, NEVADA 89106 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 from Plaintiff that either have arisen, or that may arise in the future, based on the 13 offer of judgment that the HOA served on Plaintiff earlier in this action. 14 6. The HOA and Plaintiff further agree that the Motion to Dismiss filed by 15 the HOA on April 10, 2017 is rendered moot [ECF 18] by this stipulation and that the 16 hearing set for May 22, 2017 is also moot [ECF 19]. 17 18 19 20 21 22 23 24 25 Dated: April 24, 2017 Dated: April 24, 2017 BOYACK ORME & ANTHONY BALLARD SPAHR LLP By: /s/ Adam J. Breeden Edward D. Boyack, Esq. Nevada Bar No. 005229 Adam J. Breeden, Esq. Nevada Bar No. 5229 401 N. Buffalo Drive, #202 Las Vegas, Nevada 89145 By: /s/ Holly Ann Priest Joel E. Tasca Russell J. Burke Holly Ann Priest 100 N. City Parkway, Ste. 1750 Las Vegas, Nevada 89106 Attorney for La Mancha Homeowners Association Attorneys for Plaintiff 26 27 28 2 Case 2:17-cv-00285-JAD-PAL Document 24 Filed 04/24/17 Page 3 of 4 1 2 ORDER Based on the parties’ joint motion and goodonly shall be dismissed fromORDERED that IT IS ORDERED that the HOA cause appearing, IT IS HEREBY this litigation 3 the Joint Motion to Dismiss [ECF No. 24] is GRANTED; all claims against the La Mancha with prejudice. 4 Homeowners Association, Inc. are DISMISSED with Party shall bear all bear itsown fees and IT IS FURTHER ORDERED that each prejudice, each side to of its own fees 5 costs, and that the HOA shall have no right to recover costs and fees from Plaintiff and costs. 6 that IS FURTHER ORDERED that the may arise in to Dismiss [ECF No. 18] is the offer as IT either have arisen, or that HOA’s Motion the future, based on DENIED of 7 judgmentthe 5/22/17 hearing is VACATED. moot, and that the HOA served on Plaintiff earlier in this action. 8 IT IS FURTHER ORDERED that the HOA shall be bound by and cooperate in 9 the enforcement of any final judgment that this Court enters on the claims for (702) 471-7000 FAX (702) 471-7070 and any other party, regarding priority of the respective interests in title to the 12 LAS VEGAS, NEVADA 89106 BALLARD SPAHR LLP quieting title and declaratory relief as between the remaining Defendants, Plaintiff, 11 100 NORTH CITY PARKWAY, SUITE 1750 10 Subject Property. 13 14 15 ___________________________________ _______________________________________ UNITED Judge Jennifer Dorsey U.S. District STATES DISTRICT/MAGISTRATE JUDGE 4/25/17 Dated: _______________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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