The Bank of New York Mellon v. Premier One Holdings, Inc. et al

Filing 47

ORDER granting 44 Motion for Default Judgment; DEFAULT JUDGMENT in favor of The Bank of New York Mellon against Premier One Holdings, Inc., SMM Capital LLC, Bin Zhang, Ying M. Shih (see order for details). Signed by Judge James C. Mahan on 11/28/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00737-JCM-VCF Document 46 Filed 11/17/17 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff,
The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase
Bank, not individually but solely as trustee for the holders of the Bear Stearns ALT-A Trust
2005-1, Mortgage Pass-Through Certificates, Series 2005-1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, NOT INDIVIDUALLY BUT SOLELY
AS TRUSTEE FOR THE HOLDERS OF THE
BEAR STEARNS ALT-A TRUST 2005-1,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1,

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Case No.: 2:17-cv-00737-JCM-VCF

DEFAULT JUDGMENT

Plaintiff,

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vs.

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PREMIER ONE HOLDINGS INC., a Nevada
corporation; YING M. SHIH, an individual;
SMM Capital LLC, a Nevada limited liability
company; BIN ZHANG, an individual;
AMBER HILLS II HOMEOWNERS’
ASSOCIATION, INC., a Nevada non-profit
corporation; ABSOLUTE COLLECTION
SERVICES LLC, a Nevada limited liability
company; DOE INDIVIDUALS I through X;
and ROE CORPORATIONS I through X,
inclusive,

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Defendants.

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Page 1 of 4

Case 2:17-cv-00737-JCM-VCF Document 46 Filed 11/17/17 Page 2 of 4

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This real property dispute arises from competing claimed rights and interests of

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residential property located at 9580 W. Reno Avenue Unit 201, Las Vegas, NV 89148

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(“Property”). Now before the Court is Plaintiff, The Bank of New York Mellon f/k/a The Bank

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of New York as successor to JPMorgan Chase Bank, not individually but solely as trustee for

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the holders of the Bear Stearns ALT-A Trust 2005-1, Mortgage Pass-Through Certificates,

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Series 2005-1 (hereinafter “BNYM”)’s Application for Default Judgment [ECF No. 44].

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The Court having reviewed the pleadings and papers on file, being fully advised in the

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premises, and good cause appearing therefor, enters Judgment in favor of BNYM on its quiet

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title and declaratory relief claims against Defendants PREMIER ONE HOLDINGS INC.

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(“Premier One”); YING M. SHIH (“Shih”); SMM Capital LLC (“SMM”); and BIN ZHANG

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(“Zhang” and collectively with Premier One, Shih and SMM as “Defendants”) as follows:

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is hereby

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entered in favor of BNYM against the Defendants on BNYM’s quiet title and declaratory relief

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claims.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Deed of Trust

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recorded on October 26, 2004 in the official records of Clark County Recorder’s Office as Book

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and Instrument Number 20041026-0004778 (“BNYM Deed of Trust”) still encumbers the

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Property, and that the Deed of Trust was not extinguished by the HOA Sale held on April 16,

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2013, whereby the Premier One purportedly acquired its interest in the Property;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that BNYM Deed of

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Trust is senior in priority to any interest held by Defendants, Shih, SMM and Zhang pursuant to

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the Deeds of Trust recorded in the official records of Clark County Recorder’s Office as Book

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and Instrument Numbers 201305310004365 and 201611290001457 following the HOA Sale;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the BNYM Deed

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of Trust is superior to the interest of the Defendants, including any of their successors and

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assigns, in the Property;

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///

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///

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Case 2:17-cv-00737-JCM-VCF Document 46 Filed 11/17/17 Page 3 of 4

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that BNYM may
foreclose on the BYNM Deed of Trust as allowed by Nevada law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of this
Judgment may be recorded in the official records of Clark County Recorder’s Office.

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November 28, 2017.
IT IS SO ORDERED this _____ day of _________________, 2017.

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UNITED STATE DISTRICT JUDGE
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Case 2:17-cv-00737-JCM-VCF Document 46 Filed 11/17/17 Page 4 of 4

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CERTIFICATE OF SERVICE
The undersigned, an employee of Wright, Finlay & Zak, LLP, hereby certifies that on the

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17th day of November, 2017, a true and correct copy of DEFAULT JUDGMENT was served

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by electronic delivery through the Court’s CM/ECF system as follows:

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Shane D. Cox, Esq.
8440 W. Lake Mead Blvd., Suite 210
Las Vegas, NV 89128
Email: [e-mail]
Attorneys for Defendant,
Absolute Collection Services, LLC
Ashlie L. Surur, Esq.
HALL, JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, NV 89128
Email: [e-mail]
Attorneys for Defendant,
Amber Hills II Homeowners Association, Inc.

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/s/ Kelli Wightman
An Employee of Wright, Finlay & Zak, LLP

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