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)

Case 2:17-cv-00285-JAD-PAL Document 24 Filed 04/24/17 Page 1 of 4

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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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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DISTRICT OF NEVADA
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE, SUCCESSOR IN
INTEREST TO WACHOVIA BANK, N.A.
AS TRUSTEE FOR MLMI 2005-A8,

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Plaintiff,

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vs.

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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,

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Case No. 2:17-cv-00285-JAD-PAL
ORDER GRANTING
JOINT MOTION TO DISMISS LA
MANCHA HOMEOWNERS
ASSOCIATION, INC.
ECF No. 18, 24

Defendants.

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Plaintiff U.S. Bank National Association, As Trustee, Successor in Interest to

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Wachovia Bank, N.A. as Trustee for MLMI 2005-A8 (“U.S. Bank”), by and through its

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attorney, Ballard Spahr, LLP and Defendant La Mancha Homeowners Association,

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Inc. (the “HOA”)(collectively, the “Parties”) by and through its attorney, Boyack,

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Orme & Anthony jointly move to dismiss Defendant La Mancha Homeowners

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Association. The Parties state:
1.

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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

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Plaintiff agrees to dismiss the HOA with prejudice.

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The Parties agree that the HOA, although no longer a party to this case,

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shall be bound by and cooperate in the enforcement of any final judgment that this

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Court enters regarding quieting title and declaratory relief as between the remaining

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Defendants, Plaintiff, and any other party, regarding their respective interests in

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property located at 3232 La Mancha Way, Henderson, Nevada 89014.

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4.

The HOA further agrees to respond to any third party discovery

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propounded on it after the HOA's dismissal in accordance with the Scheduling Order

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in this matter.

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5.

The HOA and Plaintiff shall each bear its own fees and costs incurred in

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this matter, and the HOA hereby waives any and all rights to recover costs and fees

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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from Plaintiff that either have arisen, or that may arise in the future, based on the

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offer of judgment that the HOA served on Plaintiff earlier in this action.

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6.

The HOA and Plaintiff further agree that the Motion to Dismiss filed by

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the HOA on April 10, 2017 is rendered moot [ECF 18] by this stipulation and that the

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hearing set for May 22, 2017 is also moot [ECF 19].

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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

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Case 2:17-cv-00285-JAD-PAL Document 24 Filed 04/24/17 Page 3 of 4

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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

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the Joint Motion to Dismiss [ECF No. 24] is GRANTED; all claims against the La Mancha
with prejudice.

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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

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costs, and that the HOA shall have no right to recover costs and fees from Plaintiff
and costs.

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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

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judgmentthe 5/22/17 hearing is VACATED.
moot, and that the HOA served on Plaintiff earlier in this action.

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IT IS FURTHER ORDERED that the HOA shall be bound by and cooperate in

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the enforcement of any final judgment that this Court enters on the claims for

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and any other party, regarding priority of the respective interests in title to the

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

quieting title and declaratory relief as between the remaining Defendants, Plaintiff,

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100 NORTH CITY PARKWAY, SUITE 1750

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Subject Property.

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___________________________________
_______________________________________
UNITED Judge Jennifer Dorsey
U.S. District STATES DISTRICT/MAGISTRATE
JUDGE
4/25/17
Dated: _______________________________

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