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

Filing 56

ORDER Granting 54 Stipulation of Dismissal and 55 Stipulation to Lift Stay. Signed by Judge Richard F. Boulware, II on 12/28/2018. (Copies have been distributed pursuant to the NEF - ADR)

[phone] FAX [phone]

11 Attorneys for JPMorgan Chase Bank, N.A.
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

1 Joel E. Tasca, Esq.
Nevada Bar. No. 14124
2 Maria A. Gall, Esq.
Nevada Bar No. 14200
3 Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
4 Kyle A. Ewing, Esq.
Nevada Bar. No. 14051
5 Justin A. Shiroff, Esq.
Nevada Bar No. 12869
6 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
7 Las Vegas, Nevada 89135
Telephone: [phone]
8 Facsimile: [phone]
[e-mail]
9 [e-mail]
[e-mail]
10 [e-mail]

12

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs.

SFR INVESTMENTS POOL 1, LLC, a
18 Nevada limited liability company;
MARAVILLA HOMEOWNERS’
19 ASSOCIATION, a Nevada non-profit
corporation; EMMANUEL ENU-KWESI,
20
Defendants.
21
22 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
23
Counterclaimant/Cross-Claimant,
24
vs.
25
JPMORGAN CHASE BANK, N.A.;
26 EMMANUEL ENU-KWESI, an
individual,
27
Counter-Defendant/Cross-Defendant.
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DMWEST #18168256 v1

Case No. 2:17-CV-00340-RFB-VCF
STIPULATION AND ORDER TO 1)
DISMISS CLAIMS BETWEEN
JPMORGAN CHASE BANK, N.A.,
MARAVILLA HOMEOWNERS’
ASSOCIATION, AND SFR
INVESTMENTS POOL 1, LLC WITH
PREJUDICE; AND 2) LIFT STAY
ENTERED MARCH 28, 2018

1

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

2 JPMorgan

Chase

Bank,

N.A.

(“Chase”),

Defendant/Counterclaimant/Cross-

3 Claimant SFR Investments Pool 1, LLC (“SFR”) and Defendant Maravilla
4 Homeowners’ Association (“Maravilla”) (collectively, the “Parties”), through their
5 respective attorneys, stipulate as follows:
6

1.

This action concerns title to real property commonly known as 5640

7 Ancient Agora Street, North Las Vegas, NV 89031 (the “Property”) following a
8 homeowner’s association foreclosure sale conducted on August 14, 2013, with
9 respect to the Property.
2.

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

[phone] FAX [phone]

11 of Trust recorded against the Property in the Official Records of Clark County,
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

10

12 Nevada as Instrument Number 20080605-0004165 (the “Deed of Trust”), and in
13 particular, whether the Deed of Trust continues to encumber the Property.
14

3.

The Parties to this Stipulation have agreed to release their respective

15 claims, and further agreed that the claims between them, including the Complaint
16 and Counterclaim, shall be DISMISSED with prejudice.
17

4.

As Emmanuel Enu-Kwesi (“Enu-Kwesi”) has not appeared in this

18 action, Chase hereby voluntarily dismisses its claims against them pursuant to Fed.
19 R. Civ. P. 41(a)(1)(A)(i).
20

5.

This Stipulation in no way affects SFR’s cross-claim against Enu-

21 Kwesi.
22

6.

The Parties further stipulate and agree that the three Lis Pendens

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

Number

20131016-0002908,

20170329-0001392

and

20170804-

25 0001886 be, and the same hereby are, EXPUNGED.
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7.

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

27 posted by Chase on June 20, 2017 pursuant to this Court’s Order [ECF No. 18] shall
28 be discharged and released to the Ballard Spahr LLP Trust Account.
DMWEST #18168256 v1

2

1

8.

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

2 and Order may be recorded with the Clark County Recorder;
3

9.

The Parties further agree to lift the stay entered March 28, 2018 [ECF

4 No. 52];
5

10.

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

6 pending cross-claim against Enu-Kwesi; and
7

11.

The stipulating Parties in this case number 2:17-CV-00340-RFB-VCF

8 shall bear its own attorneys’ fees and costs.
9

Dated: December 27, 2018.

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

10 BALLARD SPAHR LLP

KIM GILBERT EBRON

11 By: /s/ Justin A. Shiroff
Joel E. Tasca
12
Nevada Bar. No. 14124
Maria A. Gall
13
Nevada Bar No. 14200
Lindsay C. Demaree
14
Nevada Bar No. 11949
Kyle A. Ewing
15
Nevada Bar. No. 14051
Justin A. Shiroff, Esq.
16
Nevada Bar No. 12869
1980 Festival Plaza Drive, Suite 900
17
Las Vegas, Nevada 89135

By: /s/ Diana S. Ebron
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

18 Attorneys for JPMorgan Chase Bank,
N.A.
19
HOA LAWYERS GROUP, LLC
20
By: /s/ Steve Loizzi, Jr.
21
Steve Loizzi, Jr.
Nevada Bar. No. 10920
22
9500 W. Flamingo, Suite 204
Las Vegas, Nevada 89147
23
Attorneys for Maravilla Homeowners’
24 Association
25

Attorneys for SFR Investments Pool 1,
LLC

IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

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DMWEST #18168256 v1

DATED: December 28, 2018
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