U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 79

ORDER. IT IS ORDERED that plaintiff and defendant Setona shall have until 10/29/18 to either file a stipulation to dismiss with prejudice, or a joint status report advising when the stipulation to dismiss will be filed. Signed by Magistrate Judge Peggy A. Leen on 9/28/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00708-JCM-PAL Document 77 Filed 09/27/18 Page 1 of 4

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Katie M. Weber, Esq.
Nevada Bar No. 11736
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff/Counterdefendant
U.S. Bank National Association,
as Trustee, successor in interest
to Bank of America, National Association
as successor by merger to
LaSalle Bank, National Association as
Trustee for Washington Mutual
Mortgage Pass-Through Certificates
WMALT Series 2006-AR9 Trust

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, NATIONAL
ASSOCIATION AS SUCCESSOR BY MERGER
TO LASALLE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
WASHINGTON MUTUAL MORTGAGE PASSTHROUGH CERTIFICATES
WMALT SERIES 2006-AR9 TRUST,

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Plaintiff,

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v.
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SFR INVESTMENTS POOL 1, LLC,
a Nevada limited liability company; SETONA
HOMEOWNERS’ ASSOCIATION; AMOR
ELACIO, an individual, and AILEEN ELACIO,
an individual,
Defendant.

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Case No.: 2:17-cv-00708-JCM-PAL

JOINT STATUS REPORT

Case 2:17-cv-00708-JCM-PAL Document 77 Filed 09/27/18 Page 2 of 4

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

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Counter/Cross Claimant
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v.

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U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, NATIONAL
ASSOCIATION AS SUCCESSOR BY MERGER
TO LASALLE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
WASHINGTON MUTUAL MORTGAGE PASSTHROUGH CERTIFICATES WMALT SERIES
2006-AR9 TRUST; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS
NOMINEE BENEFICIARY FOR ALLIANCE
BANKCORP and its successors and assigns,

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Counter/Cross Defendants.

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Pursuant to this Court’s August 28, 2018 Order [ECF No. 75], Plaintiff U.S. Bank
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National Association, as Trustee, successor in interest to Bank of America, National

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Association as successor by merger to LaSalle Bank, National Association as Trustee for

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Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR9 Trust

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(“U.S. Bank”), Defendant/Counterclaimant SFR Investments Pool 1, LLC (“SFR”), and

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Defendant Setona Homeowners’ Association (“Setona”),1 by and through their respective
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undersigned counsel, hereby submit the following joint status report.
1.

The settlement of this matter, as between U.S. Bank and SFR, has been

completed, and a proposed stipulation and order of dismissal as of the claims by and against
SFR was submitted to the Court on September 26, 2018. [See ECF No. 76.]

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2.

Separately, U.S. Bank and Setona have agreed on the terms of a settlement

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agreement and believe they are close to execution of that agreement. Accordingly, U.S. Bank

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Defendants Amor Elacio and Aileen Elacio have not appeared in this action, and Crossdefendant Mortgage Electronic Registration Systems, Inc. was dismissed by stipulation and order
entered on December 14, 2017.

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Case 2:17-cv-00708-JCM-PAL Document 77 Filed 09/27/18 Page 3 of 4

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and Setona believe that they will be in a position to submit a proposed stipulation and order of

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dismissal within approximately thirty (30) days.

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Dated this 27th day of September, 2018.

Dated this 27th day of September, 2018.

SMITH LARSEN & WIXOM

KIM GILBERT EBRON

/s/ Katie M. Weber
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Katie M. Weber, Esq.
Nevada Bar No. 11736
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiff/Counterdefendant
U.S. Bank National Association,
as Trustee, successor in interest
to Bank of America, National Association
as successor by merger to LaSalle Bank,
National Association as
Trustee for Washington Mutual
Mortgage Pass-Through Certificates
WMALT Series 2006-AR9 Trust

/s/ Karen L. Hanks
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorney for Defendant/Counterclaimant
SFR Investments Pool 1, LLC

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Dated this 27th day of September, 2018.
TYSON & MENDES LLP

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/s/ Margaret E. Schmidt
Margaret E. Schmidt, Esq.
Nevada Bar No. 12489
3960 Howard Hughes Pkwy., Ste. 600
Las Vegas, Nevada 89169
Attorneys for Defendant Setona
Homeowners’ Association

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IT IS ORDERED that plaintiff and defendant Setona shall have until October 29,
2018 to either file a stipulation to dismiss with prejudice, or a joint status report
advising when the stipulation to dismiss will be filed.
Dated: September 28, 2018
____________________________
Peggy A. Leen
United States Magistrate Judge

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Case 2:17-cv-00708-JCM-PAL Document 77 Filed 09/27/18 Page 4 of 4

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 27, 2018, a true copy of the foregoing

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Joint Status Report was filed and served electronically via the Court’s CM/ECF system to
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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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the following:
Diana Cline Ebron, Esq.
Jacqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant/Counterclaimant
SFR Investments Pool 1, LLC
Thomas E. McGrath, Esq.
TYSON & MENDES LLP
8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123
[e-mail]
Attorneys for Defendant
Setona Homeowners’ Association

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/s/ Jana L. Rivard
an employee of Smith Larsen & Wixom

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