JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al
Filing
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ORDER Granting 48 Stipulation of Dismissal between JPMorgan Chase Bank, N.A., SFR Investments Pool 1, LLC, and Trail Ridge Community Association with prejudice. The 49 Stipulation to Lift the Stay is Granted. This case shall remain open unti l such time as SFR resolves its pending cross-claim against Lizzy Holbrook. The $500 in security costs posted by Chase pursuant to 81 Order shall be discharged and released to the Ballard Spahr LLP Trust Account. Signed by Judge Richard F. Boulware, II on 1/10/2019. (Copies have been distributed pursuant to the NEF - cc: Finance - SLD)
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Abran E. Vigil, Esq.
Nevada Bar. No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Justin A. Shiroff, Esq.
Nevada Bar. No. 12869
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: (702) 471-7000
Facsimile: (702) 471-7070
vigila@ballardspahr.com
gallm@ballardspahr.com
demareel@ballardspahr.com
shiroffj@ballardspahr.com
Attorneys for JPMorgan Chase Bank, N.A.
(702) 471-7000 FAX (702) 471-7070
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.,
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Plaintiff,
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vs.
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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
TRAIL RIDGE COMMUNITY
ASSOCIATION, a Nevada non-profit
corporation; LIZZY HOLBROOK, an
individual.
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Defendants.
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Case No. 2:17-CV-00334-RFB-PAL
STIPULATION AND ORDER TO
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
SFR INVESTMENTS POOL 1, LLC,
AND TRAIL RIDGE COMMUNITY
ASSOCIATION WITH PREJUDICE
AND STIPULATION AND ORDER
TO LIFT STAY ENTERED MARCH
23, 2018
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counterclaimant/Cross-Claimant,
vs.
JPMORGAN CHASE BANK, N.A.;
LIZZY HOLBROOK, an individual,
Counter-Defendant/Cross-Defendant.
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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 SFR Investment
DMWEST #36249658 v1
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Pools 1, LLC (“SFR”), and Defendant Trail Ridge Community Association
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(“Association”) (collectively, the “Parties”) hereby stipulate as follows:
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1.
This action concerns title to real property commonly known as 9220 Red
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Knoll Street, Las Vegas, Nevada 89113 (the “Property”) following a homeowner’s
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association foreclosure sale conducted on September 25, 2013, with respect to the
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Property.
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2.
As it relates to the Parties, a dispute arose regarding that certain Deed
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of Trust recorded against the Property in the Official Records of Clark County,
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Nevada as Instrument Number 20120717-0001802 (the “Deed of Trust”), and in
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3.
The Parties to this Stipulation have settled and agreed to release their
(702) 471-7000 FAX (702) 471-7070
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LAS VEGAS, NEVADA 89135
BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
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particular, whether the Deed of Trust continues to encumber the Property.
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 Lizzy Holbrook did not appear in this action, Chase hereby
voluntarily dismisses its claims against her pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
5.
This Stipulation in no way affects SFR’s cross-claim against Lizzy
Holbrook.
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The Parties further stipulate and agree that the two 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 20170331-0003202 and 20170807-0001430 be, and the same
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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 22, 2017 pursuant to this Court’s Order [ECF No. 18] shall
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be discharged and released to the Ballard Spahr LLP Trust Account.
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8.
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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9.
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No. 47].
The Parties further agree to lift the stay entered March 23, 2018 [ECF
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10.
This case shall remain open until such time as SFR resolves its pending
cross-claim against Lizzy Holbrook, and
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Each party in this case number 2:17-cv-00334-RFB-PAL shall bear its
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own attorneys’ fees and costs.
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Dated: January 9, 2019
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BALLARD SPAHR LLP
KIM GILBERT EBRON
By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar. No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Justin A. Shiroff, Esq.
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 L. Hanks
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
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(702) 471-7000 FAX (702) 471-7070
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LAS VEGAS, NEVADA 89135
BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
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Attorneys for Plaintiff/Counter-Defendant
JPMorgan Chase Bank, N.A.
Attorneys for SFR Investments Pool 1,
LLC
BOYACK ORME & ANTHONY
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By: /s/ Patrick A. Orme
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Patrick A. Orme, Esq.
Nevada Bar No. 7853
Adam J. Breeden, Esq.
Nevada Bar No. 8768
7432 W. Sahara Ave., Suite 101
Las Vegas, Nevada 89117
Attorneys for Trail Ridge Community
Association
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IT IS SO ORDERED:
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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE
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DATED this 10th day of January, 2019.
DATED:
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