JPMorgan Chase Bank, N.A. v. RHKids, LLC et al

Filing 41

ORDER granting ECF No. 40 Stipulation for dismissal of Defendant Stephen Budd with prejudice. Budd shall be bound by and cooperate in the enforcement of any final declaratory judgment that this Court enters on the claims for quieting title and declaratory relief as between the remaining Defendants, Chase, and any other party, relating to their respective interests in the Property. Signed by Judge Miranda M. Du on 12/22/2017. (Copies have been distributed pursuant to the NEF - LH)

Case 2:17-cv-00710-MMD-NJK Document 40 Filed 12/21/17 Page 1 of 3

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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
Chet A. Glover, Esq.
Nevada Bar No. 10054
Preston S. Mathews, Esq.
Nevada Bar No. 13720
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JPMORGAN CHASE BANK, N.A.,

CASE NO: 2:17-cv-00710-MMD-NJK

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Plaintiffs,
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vs.
STIPULATION AND ORDER TO
DISMISS STEPHEN DECAIROS BUDD

RHKIDS, LLC, a California Limited
Liability Company; ELKHORN
COMMUNITY ASSOCIATION, a Nevada
non-profit corporation; STEPHEN
DECAIROS BUDD,

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Defendants.
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Pursuant to Fed. R. Civ. P. 41(a), Plaintiff JPMorgan Chase Bank, N.A. (“Chase”) and
Defendant Stephen Decairos Budd (“Budd”) (collectively, the “Parties”), through their counsel

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of record, stipulate as follows:

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1.

On March 9, 2017, Chase filed its complaint in this action, naming Budd as a

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necessary party.

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Case 2:17-cv-00710-MMD-NJK Document 40 Filed 12/21/17 Page 2 of 3

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2.

Chase agrees to dismiss Budd without prejudice.

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3.

The Parties agree that Budd, although no longer a party to this case, shall be

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bound by any declaratory relief granted by the Court and will cooperate in the enforcement of
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any final declaratory judgment that this Court enters regarding quieting title and declaratory

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relief as between the remaining Defendants, Chase, and any other party, relating to their

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respective interests in property located at 8221 Hollister Avenue, Las Vegas, Nevada 89131,

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bearing Assessor’s Parcel No. 125-16-414-014 (the “Property”).

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4.

Budd’s cooperation shall include, but is in no way limited to, any actions that

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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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may be required to unwind the sale.
5.

Budd further agrees to respond in any third-party discovery that Chase may

propound upon Budd after his dismissal in accordance with the Federal Rules of Civil Procedure
as applied to non-parties.
Dated this 21st day of December, 2017.

Dated this 21st day of December, 2017.

SMITH LARSEN & WIXOM

KOCH & SCOW, LLC

/s/ Preston S. Mathews
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Chet A. Glover, Esq.
Nevada Bar No. 10054
Preston S. Mathews, Esq.
Nevada Bar No. 13720
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.

/s/ David R. Koch
David R. Koch, Esq.
Nevada Bar No. 8830
Steven B. Scow, Esq.
Nevada Bar No. 9906
11500 S. Eastern Ave., Suite 210
Henderson, NV 89052
Attorneys for Defendant
Stephen Decairos Budd

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Case 2:17-cv-00710-MMD-NJK Document 40 Filed 12/21/17 Page 3 of 3

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ORDER
Based on the above stipulation between Chase and Defendant Budd, and good cause

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appearing therefore,
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IT IS ORDERED that Defendant Stephen Budd (and no other defendant) is dismissed
from this litigation with prejudice.

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IT IS FURTHER ORDERED that Budd shall be bound by and cooperate in the

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enforcement of any final declaratory judgment that this Court enters on the claims for quieting

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title and declaratory relief as between the remaining Defendants, Chase, and any other party,
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relating to their respective interests in the Property.

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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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________________________________
UNITED STATES DISTRICT JUDGE

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December 22, 2017
DATE:__________________________

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