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

Filing 62

ORDER Granting 61 Stipulation of Dismissal of Claims between JPMorgan Chase Bank, N.A., Willows Homeowners' Association, and SFR Investments Pool 1, LLC with prejudice and to Lift Stay. This case shall remain open until such time as SFR resolves its pending cross-claim against the former unit owner Daniel Richard. The $500 in security costs posted by Chase on 6/23/2017 pursuant to this Court's 19 Order shall be discharged and released to the Ballard Spahr LLP Trust Account. Signed by Chief Judge Gloria M. Navarro on 10/16/2018. (Copies have been distributed pursuant to the NEF; cc: Finance - SLD) Modified to add additional text and cc: Finance on 10/16/2018 (SLD).

Case 2:17-cv-00324-GMN-PAL Document 61 Filed 10/15/18 Page 1 of 3

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Joel E. Tasca, Esq.
Nevada Bar No. 14124
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar No. 14051
BALLARD SPAHR LLP
1980 Festival Plaza Dr. Suite 900
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for JPMorgan Chase Bank, N.A.

[phone] FAX [phone]

UNITED STATES DISTRICT COURT

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DISTRICT OF NEVADA

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JPMORGAN CHASE BANK, N.A., a
national banking association,

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vs.

Plaintiff,

SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; THE
WILLOWS HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; DANIEL A. RICHARD, an
individual,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counterclaimant/Cross-Claimant,
vs.
JPMORGAN CHASE BANK, N.A.;
DANIEL A. RICHARD, an individual,
Counter-Defendant/Cross-Defendants.

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DMWEST #17862669 v1

Case No. 2:17-CV-00324-GMN-PAL

STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
WILLOWS HOMEOWNERS’
ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC WITH
PREJUDICE; AND 2) LIFT STAY
ENTERED MARCH 20, 2018

Case 2:17-cv-00324-GMN-PAL Document 61 Filed 10/15/18 Page 2 of 3

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Pursuant to Local Rules LR IA 6-2 and LR 26-4, 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 The Willows Homeowners’

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Association (“The Willows”), through their respective attorneys, stipulate as follows:

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1.

This action concerns title to real property commonly known as 701

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Taliput Palm Place in Henderson, Nevada (“Property”) following a homeowner’s

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association foreclosure sale conducted on May 14, 2013, with respect to the Property.

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2.

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

as Instrument Number 20071130-0001688 (“Deed of Trust”), and in particular,

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whether the Deed of Trust continues to encumber the Property.

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

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

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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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.

This Stipulation in no way affects SFR’s Cross-claim against Daniel A.

Richard (the “former unit owner”).

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5.

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

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posted by Chase on June 23, 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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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 20131206-0000049 and 20170331-0002804, 20170807-0001658

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be, and the same hereby are, EXPUNGED.

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7.

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

Order may be recorded with the Clark County Recorder.

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8.

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No. 57];

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///

The Parties further agree to lift the stay entered March 20, 2018 [ECF

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Case 2:17-cv-00324-GMN-PAL Document 61 Filed 10/15/18 Page 3 of 3

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9.

This case shall remain open until such time as SFR resolves its pending

cross-claim against the former unit owner; and
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Each party in this case number 2:17-CV-00324-GMN-PAL shall bear its

own attorneys’ fees and costs.
Dated: October 15, 2018
BALLARD SPAHR LLP

KIM GILBERT EBRON

By:/s/ Kyle E. Ewing
Joel E. Tasca, Esq.
Nevada Bar. No. 14124
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar. No. 14051
1980 Festival Plaza Dr. Suite 900
Las Vegas, Nevada 89106

By:/s/ Jacqueline A. Gilbert
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen Hanks, Esq.
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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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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LEACH JOHNSON SONG & GRUCHOW
By:/s/ T. Chase Pittsenbarger
Sean L. Anderson, Esq.
Nevada Bar. No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar. No. 13740
8945 W. Russell Road, Suite 330
Las Vegas, Nevada 89148

Attorneys for Defendant The Willows’
Homeowners Association
ORDER

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IT IS SO ORDERED:

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DATED this_____day of October, 2018.

_____________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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