JPMorgan Chase Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 42

ORDER granting 40 Stipulation of Dismissal with prejudice and 41 Stipulation to Lift Stay. Nothing in this Stipulation shall impact SFR's counterclaim against Real Time Resolutions, Inc. nor Mortgage Electronic Registration Systems, Inc. as Nominee Beneficiary for Countrywide Home Loans, Inc. Signed by Chief Judge Gloria M. Navarro on 12/17/2018. (Copies have been distributed pursuant to the NEF: cc Finance - MMM)

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Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for JPMorgan Chase Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JPMORGAN CHASE BANK, N.A.,
Plaintiff,

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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vs.

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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; SEVEN HILLS
MASTER COMMUNITY ASSOCIATION, a
Nevada non-profit corporation; and
VENANCIO H. REYES, JR., an individual,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company

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Counterclaimant/Cross-Claimant,

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vs.

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JPMORGAN CHASE BANK, N.A.;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE
BENEFICIARY FOR COUNTRYWIDE
HOME LOANS, INC., a New York
corporation; REAL TIME RESOLUTIONS,
INC.,

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Counter/Third-Party/Cross-Defendants.

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DMWEST #36205818 v1

Case No.: 2:17-cv-00321-GMN-GWF
STIPULATION AND ORDER TO
1)DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK,
N.A., SEVEN HILLS MASTER
ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC
WITH PREJUDICE, AND 2)
LIFT STAY ENTERED MARCH
21, 2018 [ECF NO. 39]

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Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant

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JPMorgan Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant/Cross-Claimant

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SFR Investments Pool 1, LLC (“SFR”), and Defendant Seven Hills Master

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Community Association (the “Association”) (collectively, the “Parties”),through their

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respective attorneys, stipulate as follows:

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1.

This action concerns title to real property commonly known as 1259

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Panini Drive, Henderson, NV 89052 (the “Property”) following a homeowner’s

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association foreclosure sale conducted on March 6, 2013, with respect to the Property.

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2.

As it relates to the Parties, a dispute arose regarding that certain Deed

[phone] FAX [phone]

Nevada as Instrument Number 20050728-0004446 (the “Deed of Trust”), and in

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

of Trust recorded against the Property in the Official Records of Clark County,

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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particular, whether the Deed of Trust continues to encumber the Property.

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3.

The Parties to this Stipulation have settled and agreed to release their

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respective claims, and further agreed that the claims between them, including the

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Complaint and Counterclaim, shall be DISMISSED with prejudice.

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4.

As Venancio H. Reyes, Jr. has not appeared in this action, Chase hereby

voluntarily dismisses its claims against him pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
5.

Nothing in this Stipulation shall impact SFR’s counterclaim against

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Real Time Resolutions, Inc. nor Mortgage Electronic Registration Systems, Inc. as

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Nominee Beneficiary for Countrywide Home Loans, Inc.

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6.

The Parties further stipulate and agree that the three Lis Pendens

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recorded against the Property in the Official Records of Clark County, Nevada, as

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Instruments Number 20131231-0000519, 20170329-0001446 and 20170713-0002324

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be, and the same hereby are, EXPUNGED.

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7.

The Parties further stipulate and agree that the $500 in security costs

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posted by Chase on June 15, 2017 pursuant to this Court’s Order [ECF No. 19] shall

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be discharged and released to the Ballard Spahr LLP Trust Account.

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DMWEST #36205818 v1

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and Order may be recorded with the Clark County Recorder;

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9.

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No. 39];

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

The Parties further stipulate and agree that a copy of this Stipulation

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10.

The Parties further agree to lift the stay entered March 21, 2018 [ECF

Each party in this case number 2:17-cv-00321-GMN-GWF shall bear its

own attorneys’ fees and costs.
Dated: December ___, 2018
BALLARD SPAHR LLP

KIM GILBERT EBRON

By: /s/ Justin A. Shiroff
Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ Jacqueline A. Gilbert
Diana S. Ebron
Nevada Bar No. 10580
Jacqueline A. Gilbert
Nevada Bar No. 10593
Karen Hanks
Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89014

Attorneys for JPMorgan Chase Bank, N.A.

Attorneys for SFR Investments
Pool 1, LLC

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BOYACK, ORME & ANTHONY

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By: /s/ Patrick A. Orme
Edward D. Boyack
Nevada Bar No. 5229
Patrick A. Orme
Nevada Bar No. 7853
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

Attorney for Seven Hills Master
Community Association

IT IS SO ORDERED.
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DATED this _____ day of December, 2018.

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Gloria M. Navarro, Chief Judge
United States District Court

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DMWEST #36205818 v1