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

Filing 50

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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1 2 3 4 5 6 7 8 9 10 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 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 DISTRICT OF NEVADA 13 JPMORGAN CHASE BANK, N.A., 14 Plaintiff, 15 vs. 16 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; TRAIL RIDGE COMMUNITY ASSOCIATION, a Nevada non-profit corporation; LIZZY HOLBROOK, an individual. 17 18 19 Defendants. 20 21 22 23 24 25 26 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. 27 Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-defendant 28 JPMorgan Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant SFR Investment DMWEST #36249658 v1 1 Pools 1, LLC (“SFR”), and Defendant Trail Ridge Community Association 2 (“Association”) (collectively, the “Parties”) hereby stipulate as follows: 3 1. This action concerns title to real property commonly known as 9220 Red 4 Knoll Street, Las Vegas, Nevada 89113 (the “Property”) following a homeowner’s 5 association foreclosure sale conducted on September 25, 2013, with respect to the 6 Property. 7 2. As it relates to the Parties, a dispute arose regarding that certain Deed 8 of Trust recorded against the Property in the Official Records of Clark County, 9 Nevada as Instrument Number 20120717-0001802 (the “Deed of Trust”), and in 10 3. The Parties to this Stipulation have settled and agreed to release their (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 particular, whether the Deed of Trust continues to encumber the Property. respective claims, and further agreed that the claims between them, including the 13 Complaint and Counterclaim, shall be DISMISSED with prejudice. 14 15 16 17 18 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. 6. The Parties further stipulate and agree that the two Lis Pendens 19 recorded against the Property in the Official Records of Clark County, Nevada, as 20 Instruments Number 20170331-0003202 and 20170807-0001430 be, and the same 21 hereby are, EXPUNGED. 22 7. The Parties further stipulate and agree that the $500 in security costs 23 posted by Chase on June 22, 2017 pursuant to this Court’s Order [ECF No. 18] shall 24 be discharged and released to the Ballard Spahr LLP Trust Account. 25 26 8. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder; 27 9. 28 No. 47]. The Parties further agree to lift the stay entered March 23, 2018 [ECF 2 DMWEST #36249658 v1 1 2 3 10. This case shall remain open until such time as SFR resolves its pending cross-claim against Lizzy Holbrook, and 11. Each party in this case number 2:17-cv-00334-RFB-PAL shall bear its 4 own attorneys’ fees and costs. 5 Dated: January 9, 2019 6 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 7 8 9 10 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 13 14 15 Attorneys for Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. Attorneys for SFR Investments Pool 1, LLC BOYACK ORME & ANTHONY 16 17 18 19 20 21 22 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 23 24 IT IS SO ORDERED: 25 27 ________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE 28 DATED this 10th day of January, 2019. DATED: 26 3 DMWEST #36249658 v1

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