Wilmington Trust, National Association v. Saticoy Bay LLC

Filing 79

ORDER granting 78 Stipulation of Dismissal. The settlement conference scheduled for 12/3/2019 is VACATED. All remaining claims are dismissed. The Clerk of Court is directed to ENTER FINAL JUDGMENT and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 11/19/2019. (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 1 of 5

1
2
3
4
5
6
7

WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant, Wilmington Trust, National Association, not in its
individual capacity but as Trustee of ARLP Securitization Trust, Series 2014-2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10
11
12
13

WILMINGTON TRUST, NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT AS TRUSTEE OF ARLP
SECURITIZATION TRUST, SERIES 2014-2,
Plaintiff,
vs.

14
15
16

SATICOY BAY LLC SERIES 206
VALERIAN; CINNAMON RIDGE
COMMUNITY ASSOCIATION; and
NEVADA ASSOCIATION SERVICES, INC.,

Case No.: 2:17-CV-00460-JAD-NJK

STIPULATION AND ORDER TO
DISMISS REMAINING CLAIMS
WITHOUT PREJUDICE AND FOR
ENTRY OF FINAL JUDGMENT
PURSUANT TO FRCP 54(b)
ECF No. 78

17
Defendants.

18
19

COME NOW Plaintiff/Counter-Defendant, Wilmington Trust, National Association, not

20

in its individual capacity but as Trustee of ARLP Securitization Trust, Series 2014-2

21

(“Wilmington Trust”), Defendant/Counterclaimant, Saticoy Bay LLC Series 206 Valerian

22

(“Saticoy Bay”), and Defendant, Cinnamon Ridge Community Association (“Cinnamon Ridge”

23

or the “HOA”) (individually, a “Party,” and collectively, the “Parties”), by and through their

24

attorneys of record, and hereby stipulate and agree as follows:

25

WHEREAS:

26

1.

The instant action is primarily one for Quiet Title and Declaratory Relief related

27

to real property commonly known as 206 Valerian Street, Henderson, Nevada 89015; APN:

28

179-16-217-025 (the “Property”), which was purportedly purchased by Defendant, Saticoy Bay
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 1 of 5

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 2 of 5

1

LLC Series 206 Valerian (“Saticoy Bay”) at a homeowners association lien foreclosure sale on

2

August 1, 2014 (the “HOA Sale”).

3
4
5

2.

The Property lies within the boundaries of a common-interest community

governed by Cinnamon Ridge Community Association.
3.

Pursuant to Wilmington Trust’s Amended Complaint filed on January 11, 2019

6

[ECF No. 31], Wilmington Trust alleges that the HOA Sale did not serve to extinguish its

7

security interest in the Property for various reasons or, in the alternative, the HOA Sale was

8

void and ineffective.

9

4.

Pursuant to Saticoy Bay’s Answer to Amended Complaint and Counterclaim

10

filed on May 24, 2019 [ECF No. 51], Saticoy Bay asserts that the HOA Sale served to

11

extinguish any and all security interests that may have then existed against the Property,

12

including a deed of trust owned by Wilmington Trust.

13

5.

In addition to its claims against Saticoy Bay for Quiet Title/Declaratory Relief

14

and other claims, Wilmington Trust also alleged claims against Cinnamon Ridge for Quiet

15

Title/Declaratory

16

Negligence Per Se, Breach of Contract, Misrepresentation, and Breach of Good Faith and Fair

17

Dealing.

18

6.

Relief,

Unjust

Enrichment,

Wrongful/Defective

Foreclosure,

Negligence,

On February 4, 2019, Saticoy Bay filed a Motion to Dismiss Amended

19

Complaint [ECF No. 35]. On February 19, 2019, Cinnamon Ridge filed a Motion to Dismiss

20

[ECF No. 39].

21

7.

22

[ECF No. 49].

On May 24, 2019, Cinnamon Ridge filed a Motion for Summary Judgment

23

[ECF No. 50].

Also on May 24, 2019, Saticoy Bay filed a Motion for Summary Judgment

24

[ECF No. 52].

25

8.

On May 23, 2019, Wilmington Trust filed a Motion for Summary Judgment

On September 26, 2019, the Court entered its Order Granting in Part and

26

Denying in Part Motions for Summary Judgment and to Dismiss [ECF No. 70].

The Court

27

granted summary judgment in favor of Wilmington Trust on its and Saticoy Bay’s quiet title

28

claim, and declared that the deed of trust survived the HOA Sale. Further, the Court dismissed
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 2 of 5

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 3 of 5

1

Wilmington Trust’s claims for Negligence, Negligence Per Se, and Misrepresentation against

2

Cinnamon Ridge.

3

Unjust Enrichment claim against Saticoy Bay and Cinnamon Ridge, and its claims against

4

Cinnamon Ridge for Breach of Contract and Breach of Good Faith and Fair Dealing.

5
6
7

9.

The Court also ordered a settlement conference as to Wilmington Trust’s

On September 27, 2019, the Court entered its Order setting a settlement

conference for December 3, 2019 [ECF No. 71].
10.

Wilmington Trust, Saticoy Bay, and Cinnamon Ridge believe the remaining

8

claims between them are contingent upon the September 26, 2019, Order Granting in Part and

9

Denying in Part Motions for Summary Judgment and to Dismiss [ECF No. 70], remaining a

10

good and enforceable order.

11

11.

Saticoy Bay intends to appeal the Order.

12

12.

The Parties desire to avoid the expense of a potentially unnecessary settlement

13

conference on the remaining claims.

14

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that

15

Wilmington Trust’s Unjust Enrichment claim against Saticoy Bay and Cinnamon Ridge, and its

16

claims against Cinnamon Ridge for Breach of Contract and Breach of Good Faith and Fair

17

Dealing are hereby dismissed in their entirety without prejudice.

18

IT IS FURTHER STIPULATED AND AGREED by the Parties to request that the

19

Court enter an order determining that the September 26, 2019, Order Granting in Part and

20

Denying in Part Motions for Summary Judgment and to Dismiss [ECF No. 70] may be certified

21

as a final appealable Order pursuant to FRCP 54(b).

22

IT IS FURTHER STIPULATED AND AGREED by the Parties that their

23

understanding is that a notice of appeal shall be due pursuant to the rules upon the entry of the

24

Order granting this Stipulation.

25

IT IS FURTHER STIPULATED AND AGREED as follows:

26

1.

The period of time commencing January 11, 2019 (the “Effective Date”) and

27

ending on the Termination Date (as that term is defined in paragraph 4 below), shall not be

28

included in determining the applicability of any statute of limitations, laches, or any other
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 3 of 5

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 4 of 5

1

defense based on lapse of time in any action or proceeding brought by Wilmington Trust against

2

Cinnamon Ridge with respect to the HOA Sale, the Property, and Wilmington Trust’s Amended

3

Complaint, filed on January 11, 2019;

4

2.

Except as is set forth in the preceding paragraph, nothing in this Stipulation shall

5

diminish or affect any defense available to any Party as of the date of this Stipulation, and this

6

Stipulation shall not be deemed to revive any claim, remedy, and/or cause of action, legal or

7

equitable, that is or was already barred as of the Effective Date, nor shall this Stipulation create

8

any new claim, remedy, and/or cause of action, legal or equitable, against any Party hereto.

9

Nothing in this Stipulation, or in the circumstances that gave rise to this Stipulation shall be

10

construed as an acknowledgement by any Party that any claim, remedy, and/or cause of action,

11

legal or equitable, has or has not been barred, or is about to be barred, by the statute of

12

limitations, laches, or other defense based on the lapse of time;

13

3.

This Stipulation shall not operate as an admission of liability by any Party.

14

Neither this Stipulation nor any action taken pursuant to this Stipulation shall be offered or

15

received in evidence in any action or proceeding as an admission of liability or wrongdoing by

16

any Party;

17

4.

Upon completion of Saticoy Bay’s Appeal before the Ninth Circuit Court of

18

Appeals, Wilmington Trust or Cinnamon Ridge may terminate this Stipulation with respect to

19

Wilmington Trust’s claims against Cinnamon Ridge for Unjust Enrichment, Breach of Contract

20

and Breach of Good Faith and Fair Dealing on thirty (30) days written notice to counsel for the

21

other Party. The Termination Date shall be either 1) the first business day following thirty (30)

22

days after Wilmington has provided written Notice of Termination pursuant to this paragraph,

23

or 2) the first business day following sixty (60) days after the final order is issued by the Ninth

24

Circuit Court of Appeals on Saticoy Bay’s Appeal, whichever occurs first;

25

5.

This Stipulation comprises the entire agreement of the Parties with respect to the

26

tolling of any statute of limitations.

This Stipulation may be modified, amended, or

27

supplemented only by a written instrument signed by all of the Parties;

28
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 4 of 5

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 5 of 5

1
2
3
4
5

6.

Except as set forth hereinabove, the Parties reserve any and all rights, privileges,

claims and defenses under applicable law.
IT IS FURTHER STIPULATED AND AGREED that the settlement conference,
currently set for December 3, 2019, shall be vacated.
IT IS SO STIPULATED AND AGREED.

6

DATED this 19th day of November, 2019.

DATED 19th day of November, 2019.

7

WRIGHT, FINLAY & ZAK, LLP

LAW OFFICES OF MICHAEL F. BOHN,
ESQ. LTD.
/s/ Adam R. Trippiedi, Esq.
Michael F. Bohn, Esq.
Nevada Bar No. 1641
Adam R. Trippiedi, Esq.
Nevada Bar No. 12294
Nikoll Nikci, Esq.
Nevada Bar No. 10699
2260 Corporate Circle, Suite 480
Henderson, Nevada 89074
Attorneys for Defendant/Counterclaimant,
Saticoy Bay LLC Series 206 Valerian

8
9
10
11
12
13
14

/s/ Paterno C. Jurani, Esq.
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 West Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff/Counter-Defendant,
Wilmington Trust, National Association, not
in its individual capacity but as Trustee of
ARLP Securitization Trust, Series 2014-2

15
16

DATED this 19th day of November, 2019.
LIPSON NEILSON P.C.

17
18
19
20
21
22
23

/s/ Amber M. Williams, Esq.
J. William Ebert, Esq.
Nevada Bar No. 2697
Amber M. Williams, Esq.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorneys for Defendant, Cinnamon Ridge
Community Association
ORDER

24
25

IT on the parties' stipulation [ECF No. 78] and good cause appearing, IT IS SO
Based IS SO ORDERED.
ORDERED.
DATED this The settlement conference2019.
day of ____________, scheduled for 12/3/2019 is VACATED.

26
27

IT IS FURTHER ORDERED that all remaining claims are DISMISSED without
prejudice, each party to bear its own UNITED costs.
fees and STATES DISTRICT COURT JUDGE

28
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 5 of 5

Case 2:17-cv-00460-JAD-NJK Document 78 Filed 11/19/19 Page 5 of 5

1
2
3
4
5
6
7
8
9
10
11
12
13
14

6.
And with Exceptcause appearing and no reason to delay, IT IS FURTHER ORDERED that
good as set forth hereinabove, the Parties reserve any and all rights, privileges,
the Clerk defenses under applicable law.
claims and of Court is directed to ENTER FINAL JUDGMENT in favor of Wilmington
Trust on the quiet-title claims DECLARING that Saticoy Bay purchased the property at
IT IS FURTHER STIPULATED 89015 subject to that the settlement conference,
206 Valerian Street in Henderson, NevadaAND AGREED the deed of trust dated June
18, 2007, and found in the Clark County Records at document number
currently set for December 3, 2019, shall be vacated.
20070629-0004928, and CLOSE THIS CASE.
IT IS SO STIPULATED AND AGREED.
DATED this 19th day of November, 2019. _________________________________
DATED 19th day of November, 2019.
U.S. District Judge Jennifer A. Dorsey
WRIGHT, FINLAY & ZAK, LLP
LAW OFFICES OF MICHAEL F. BOHN,
Dated: November 19, 2019
ESQ. LTD.
/s/ Paterno C. Jurani, Esq.
/s/ Adam R. Trippiedi, Esq.
Dana Jonathon Nitz, Esq.
Michael F. Bohn, Esq.
Nevada Bar No. 0050
Nevada Bar No. 1641
Paterno C. Jurani, Esq.
Adam R. Trippiedi, Esq.
Nevada Bar No. 8136
Nevada Bar No. 12294
7785 West Sahara Avenue, Suite 200
Nikoll Nikci, Esq.
Las Vegas, Nevada 89117
Nevada Bar No. 10699
Attorneys for Plaintiff/Counter-Defendant,
2260 Corporate Circle, Suite 480
Wilmington Trust, National Association, not
Henderson, Nevada 89074
in its individual capacity but as Trustee of
Attorneys for Defendant/Counterclaimant,
ARLP Securitization Trust, Series 2014-2
Saticoy Bay LLC Series 206 Valerian

15
16

DATED this 19th day of November, 2019.
LIPSON NEILSON P.C.

17
18
19
20
21
22
23

/s/ Amber M. Williams, Esq.
J. William Ebert, Esq.
Nevada Bar No. 2697
Amber M. Williams, Esq.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorneys for Defendant, Cinnamon Ridge
Community Association
ORDER

24
IT IS SO ORDERED.
25
DATED this

day of ____________, 2019.

26
27

UNITED STATES DISTRICT COURT JUDGE

28
Stipulation and Order to Dismiss Remaining Claims Without Prejudice and for Entry of Final
Judgment Pursuant to FRCP 54(b); 2:17-CV-00460-JAD-NJK
Page 6
Page 5 of 5