Capital One, National Association v. SFR Investments Pool 1, LLC et al

Filing 430

ORDER. IT IS THEREFORE ORDERED that the Stipulated Motion to Disburse Registry Funds 427 is GRANTED. IT IS FURTHER ORDERED that, as this matter is now concluded, that the Clerk of Court shall disburse $500.00, the total amount held by this Co urt for security costs, in connection with these consolidated cases, including any interest earned. IT IS FURTHER ORDERED that the Clerk of Court shall disburse $76,000.00, the amount deposited to the Court registry for all future rental proce eds, in connection with these consolidated cases, including any interest earned. Signed by Judge Richard F. Boulware, II on 1/9/2023. Case terminated per 429 Minute Order. (Copies have been distributed pursuant to the NEF - Ad Hoc Finance Department - LOE)

Case 2:17-cv-00604-RFB-BNW Document 430 Filed 01/09/23 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROCKTOP PARTNERS, LLC et al.,

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Plaintiffs,

ORDER
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company et al.,
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter-Claimant,
Cross-Claimant,

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v.
ROCKTOP PARTNERS, LLC et al.,
Cross-Defendants,
Counter-Defendants.

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
LEON BENZER et al.,
Defendants.

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Case No. 2:17-cv-00916-RFB-VCF

v.

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Case No. 2:17-cv-00604-RFB-BNW

ROCKTOP PARTNERS, LLC et al.,
Cross-Claimants,

Case 2:17-cv-00604-RFB-BNW Document 430 Filed 01/09/23 Page 2 of 3

Counter-Claimants,

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v.

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UNITED STATES OF AMERICA et al.,
Cross-Defendants,
Counter-Defendants.

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Before the Court for consideration is the Stipulated Motion to Disburse Registry Funds
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(ECF No. 427) filed by Rocktop Partners, LLC, Wilmington Savings Fund Society, FSB, SFR
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Investments Pool 1 LLC (“SFR”), Anthem Country Club Community Association, and the United
States of America (collectively, the “Parties”).

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On May 23, 2017, SFR filed and served a Demand for Security of Costs pursuant to NRS
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18.130(1) (ECF No. 12). On June 16, 2017, former Plaintiff Capital One, National Association
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(“Capitol One”) and SFR stipulated to the entry of an order for the deposit of security of costs.

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(ECF No. 14). On June 19, 2017, the Court granted the stipulation, permitting the deposit by
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Capital One of a check for $500.00 with the Clerk of the Court. (ECF No. 15). On June 21, 2017,
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Capital One posted the amount of $500.00 with the Clerk of Court. (ECF No. 16). This deposit is
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still with the Court.
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On March 4, 2020, SFR was ordered to deposit all future rental proceeds for property at
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issue in this action with the Clerk of the Court until this litigation was resolved either through court
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order or settlement. (ECF No. 244).
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On July 22, 2022, the parties filed this instant stipulation because of a global settlement,
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reflected in two settlement agreements, they entered to resolve the claims in these consolidated
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cases. Pursuant to those agreements, the Parties stipulated to the disbursement of the total amount
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held in the Court’s registry in these two consolidated cases, plus any interest earned, to SFR. No

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objection has been filed by any party not part of the stipulation.
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Case 2:17-cv-00604-RFB-BNW Document 430 Filed 01/09/23 Page 3 of 3

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IT IS THEREFORE ORDERED that the Stipulated Motion to Disburse Registry Funds
(ECF No. 427) is GRANTED.

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IT IS FURTHER ORDERED that, as this matter is now concluded, that the Clerk of

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Court shall disburse $500.00, the total amount held by this Court for security costs, in connection

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with these consolidated cases, including any interest earned, to:

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JP Morgan Chase, Bank, NA.
c/o Ballard Spahr LLP
100 N. City Parkway, Suite 1750
Las Vegs, NV 89106.

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unless a party objects to this order by no later than 10 days.
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IT IS FURTHER ORDERED that the Clerk of Court shall disburse $76,000.00, the
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amount deposited to the Court registry for all future rental proceeds, in connection with these
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consolidated cases, including any interest earned, to:
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SFR Investments Pool 1, LLC
5030 Paradise Road, Suite B-214
Las Vegas, Nevada 89119
unless a party objects to this order by no later than 10 days.

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DATED: January 9, 2023.
_____________________________
RICHARD F. BOULWARE, II
United States District Judge

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