The Bank of New York Mellon v. High Noon at Arlington Ranch Homeowner's Association

Filing 61

ORDER granting 60 Motion to Dismiss without prejudice as to HOA; Signed by Chief Judge Gloria M. Navarro on 6/20/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00332-GMN-GWF Document 60 Filed 06/12/19 Page 1 of 3

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ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
BRIAN K. WALTERS, ESQ.
Nevada Bar No. 9711
GORDON REES SCULLY MANSUKHANI, LLP
300 So. Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Direct: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for High Noon at Arlington Ranch
Homeowners Association

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
Gordon Rees Scully Mansukhani, LLP
300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

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THE BANK OF NEW YORK MELLON FKA THE )
BAN OF NEW YORK AS TRUSTEE FOR THE
)
CERTIFICATEHOLDERS OF THE CWALT, INC., )
ALTERNATIVE LOAN TRUST 2005-44,
)
MORTGAGE PASS-THROUGH CERTIFICATES, )
SERIES 2005-44,
)
)
Plaintiff,
)
)
vs.
)
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HIGH NOON AT ARLINGTON RANCH
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HOMEOWNER’S ASSOCIATION; and SFR
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INVESTMENTS POOL 1, LLC,
)
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Defendants.
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SFR INVESTMENTS POOL 1, LLC,
)
)
Counter/Cross-Claimant,
)
)
vs.
)
)
THE BANK OF NEW YORK MELLON FKA THE )
BAN OF NEW YORK AS TRUSTEE FOR THE
)
CERTIFICATEHOLDERS OF THE CWALT, INC., )
ALTERNATIVE LOAN TRUST 2005-44,
)
MORTGAGE PASS-THROUGH CERTIFICATES, )
SERIES 2005-44; and LES TAYLOR, an individual, )
)
Counter/Cross-Defendant.
)
)

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Case No.: 2:17-CV-00332-GMN-GWF

STIPULATION AND ORDER FOR
DISMISSAL WITHOUT
PREJUDICE

Case 2:17-cv-00332-GMN-GWF Document 60 Filed 06/12/19 Page 2 of 3

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Plaintiff The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the

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Certificateholders CWALT, Inc., Alternative Loan Trust 2005-44, Mortgage Pass-Through

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Certificates, Series 2005-44 (“BNYM”), by and through its attorney of record Ariel L. Stern,

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Esq. and Tenesa Powell, Esq., with the law office of AKERMAN LLP and Defendant High

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Noon at Arlington Ranch Homeowners Association (“HOA”) by and through its attorneys Robert

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S. Larsen, Esq, and Brian K. Walters, Esq., with the law office of GORDON REES SCULLY

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MANSUKHANI, LLP, hereby stipulate and agree as follows:

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1.

On February 2, 2017, BNYM filed a complaint in which it asserted causes of

action against HOA for Quiet Title/ Declaratory Judgment; Breach of NRS 116; and Wrongful
Foreclosure [ECF No. 1];

Gordon Rees Scully Mansukhani, LLP
300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

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2.

On April 24, 2019, BNYM filed a Motion for Summary Judgment [ECF No. 43];

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3.

On April 24, 2019, HOA filed a Motion for Summary Judgment [ECF No. 44];

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4.

BNYM and HOA now stipulate and agree as follows:

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a.

BNYM hereby dismisses its Complaint [ECF No. 1] and all causes of

action alleged against HOA therein against HOA without prejudice;

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b.

HOA contends that BNYM’s causes of action for Breach of NRS 116 and

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Wrongful Foreclosure are time barred [ECF No. 44]; BNYM contends that said causes of action

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were timely;

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c.

HOA agrees that any applicable statutes of limitation and/or repose related

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to BNYM's causes of action for Breach of NRS 116 and Wrongful Foreclosure are tolled to the

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extent said causes of action were previously filed within the applicable statute of limitations

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and/or repose. This stipulation is not to be construed in any way as a renewal of any claims that

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were or are already time barred;

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d.

HOA agrees to be bound by the judgment of the Court as it relates to

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BNYM’s cause of action for Quiet Title/ Declaratory Judgment.

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///

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///

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Case 2:17-cv-00332-GMN-GWF Document 60 Filed 06/12/19 Page 3 of 3

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5.

This stipulation is intended to resolve all of the claims between BNYM and HOA

without prejudice. Each party agrees to bear its own fees and costs incurred in this matter.
IT IS SO STIPULATED.

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Gordon Rees Scully Mansukhani, LLP
300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

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DATED this 10th day of June, 2019.

DATED this 10th day of June, 2019

AKERMAN, LLP

GORDON REES SCULLY
MANSUKHANI, LLP

/s/ Tenesa S. Powell
Ariel E. Stern, Esq.
Nevada Bar No. 8276
Tenesa S. Powell, Esq.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Plaintiff

/s/ Brian K. Walters
Robert S. Larsen, Esq.
Nevada Bar No. 7785
Brian K. Walters, Esq.
Nevada Bar No. 9711
300 So. Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Attorneys for High Noon at Arlington Ranch
Homeowners Association

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ORDER
IT IS SO ORDERED.
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DATED this ____day of June, 2019.

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Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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