HSBC Bank USA, National Association v. Velez Family Trust et al

Filing 34

ORDER granting 32 Stipulation of Dismissal. IT IS FURTHER ORDERED that all claims against Red Rock Financial Services, LLC are DISMISSED without prejudice, each party to bear its own fees and costs. The Clerk of Court may TERMINATE Red Rock as a party in this action. IT IS FURTHER ORDERED that Red Rock's Motion to Dismiss 23 is DENIED as moot. IT IS FURTHER ORDERED, based on the stipulation 33 between the HOA and plaintiff, that HSBC will have until July 28, 2017, to file its response to the HOA's motion to dismiss 23 , 28 . Signed by Judge Jennifer A. Dorsey on 7/6/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-00819-JAD-VCF Document 32 Filed 07/05/17 Page 1 of 4

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Jeffrey Willis, Esq. (Nevada Bar No. 4797)
Nathan G. Kanute, Esq. (Nevada Bar No. 12413)
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501-1961
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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HSBC BANK USA, NATIONAL
ASSOCIATION AS TRUSTEE FOR ACE
SECURITIES CORP. HOME EQUITY LOAN
TRUST, SERIES 2005-HE7, ASSET
BACKED PASS-THROUGH
CERTIFICATES;

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Case No. 2:17-cv-00819-JAD-VCF
STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF RED ROCK FINANCIAL
SERVICES, LLC

Plaintiff,
ECF Nos. 23, 28, 32, 33
ECF Nos. 23, 32

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vs.

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VELEZ FAMILY TRUST; MARTIN
CENTENO, an individual; RED ROCK
FINANCIAL SERVICES, LLC, a Nevada
limited-liability company; FIRST LIGHT AT
OLD VEGAS RANCH HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation;

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Defendants.

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STIPULATION
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This Stipulation and Order for Dismissal without Prejudice of Red Rock Financial
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Services, LLC (“Stipulation”) is entered into as of the date below by and between HSBC Bank
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USA, National Association as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series
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2005-HE7, Asset Backed Pass-Through Certificates (“HSBC or Plaintiff”), by and through
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counsel of record, and Defendant Red Rock Financial Services, LLC (“Red Rock”) (HSBC and
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collectively with Red Rock, the “Parties”). The parties hereby stipulate and agree as follows:

4839-8319-0859

Case 2:17-cv-00819-JAD-VCF Document 32 Filed 07/05/17 Page 2 of 4

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WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving

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that real property in Clark County, Nevada with APN 179-34-615-084, commonly known as

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2556 Velez Valley Way, Henderson, Nevada 89002 (the “Property”);

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WHEREAS, the Plaintiff filed this action on March 20, 2017 and alleges several causes
of action against Red Rock;

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WHEREAS, Red Rock filed a Motion to Dismiss on June 7, 2017; and

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WHEREAS, Red Rock disclaims any interest in the Property.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

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1.

The Complaint is dismissed without prejudice as to Red Rock only, with each

party to bear their own fees/costs, and the Motion to Dismiss is deemed withdrawn.

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2.

Any statute of limitations for the causes of action asserted against Red Rock,

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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which Red Rock may allege have expired since the Complaint was filed on March 20, 2017 to

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the date of this Stipulation, shall be tolled until further agreement of the Parties.

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3.

Within 14 days after entry of this Stipulation and Order, Red Rock shall provide

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to First Light at Old Vegas Ranch Homeowners Association’s (the “Association”) defense

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counsel of record in this matter the Association’s records, which are in Red Rock’s possession,

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concerning the Association’s NRS Chapter 116 assessment lien foreclosure on the Property for

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production by the Association’s defense counsel in the course of discovery under the Federal

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Rules of Civil Procedure, subject to any and all applicable objections.

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4.

Upon proper notice by Plaintiff in accord with the Federal Rules of Civil

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Procedure, Red Rock shall make available a knowledgeable witness for deposition limited to the

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Association’s assessment lien foreclosure sale of the Property, and subject to any and all

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applicable objections. Red Rock shall be provided 30 days’ notice of the deposition, and an

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opportunity to coordinate with Plaintiff’s counsel, a mutually convenient time, date and location

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of such deposition.

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5.

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law.

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The Parties reserve any and all rights, privileges, and defenses under applicable

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4839-8319-0859

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Case 2:17-cv-00819-JAD-VCF Document 32 Filed 07/05/17 Page 3 of 4

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Wherefore, the undersigned request this Court enter an Order granting the above

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stipulation.

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DATED this 3rd day of July, 2017.

DATED this 3rd day of July, 2017.

KOCH & SCOW, LLC

SNELL & WILMER L.L.P.

By:

By:

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/s/ Steven B. Scow (with permission)
David R. Koch, Esq.
Nevada Bar No. 8830
Steven B. Scow, Esq.
Nevada Bar No. 9906
Brody B. Wight, Esq.
Nevada Bar No. 13615
11500 S. Eastern Ave., Ste. 210
Attorneys for Red Rock Financial Services,
LLC

/s/ Nathan G. Kanute
Jeffrey Willis, Esq.
Nevada Bar No. 4797
Nathan G. Kanute, Esq.
Nevada Bar No. 12413
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for HSBC

ORDER

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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ORDER
Based on the stipulation between plaintiff and Red Rock Financial Services, LLC,[ECF
LLC
which this IS SOtreats as a jointas a joint motion under LR 7-1(c), IT IS SO ORDERED;
IT IS SOORDERED.
No. 32], ITcourtthisORDERED. motion under LR 7-1(c), IT IS SO ORDERED;
which
court treats
IT IS FURTHER ORDERED that all claims against RedDISTRICT JUDGE
UNITED STATES Rock Financial Services,
LLC are DISMISSED without prejudice, each party to bear its own fees and costs. The Clerk
of Court may TERMINATE Red Rock as a party in this action;
DATED:

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IT IS FURTHER ORDERED that Red Rock’s Motion to Dismiss [ECF No. 23] is
DENIED as moot.
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IT IS FURTHER ORDERED, based on the stipulation between the HOA and plaintiff
U.S. District Judge Jennifer Dorsey
(which I also treat as a joint motion under LR 7-1(c)) and good cause appearing, that HSBC will
July 6, 2017
have until July 28, 2017, to file its response to the HOA’s motion to dismiss [ECF Nos. 23, 28].

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____________________________________
U.S. District Judge Jennifer Dorsey
July 6, 2017

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4839-8319-0859

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