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

Filing 36

ORDER granting 35 Stipulation of Dismissal. The Motion to Dismiss 23 is deemed WITHDRAWN, and plaintiff's claims against First Light at Old Vegas Ranch Homeowners Association are DISMISSED without prejudice. Signed by Judge Jennifer A. Dorsey on 7/27/2017. (Copies have been distributed pursuant to the NEF - DC) Modified on 7/27/2017 to correct docket text and replace image with correct order (DC).

Case 2:17-cv-00819-JAD-VCF Document 35 Filed 07/27/17 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 HSBC

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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;
Plaintiff,

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Case No. 2:17-cv-00819-JAD-VCF
STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF FIRST LIGHT AT OLD VEGAS
RANCH HOMEOWNERS
ASSOCIATION

vs.

ECF No. 35

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;
Defendants.

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STIPULATION

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This Stipulation and Order for Dismissal without Prejudice of First Light at Old Vegas

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Ranch Homeowners Association (“Stipulation”) is entered into as of the date below by and

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between HSBC Bank USA, National Association as Trustee for Ace Securities Corp. Home

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Equity Loan Trust, Series 2005-HE7, Asset Backed Pass-Through Certificates (“HSBC or

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Plaintiff”), by and through counsel of record, and Defendant First Light at Old Vegas Ranch

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Homeowners Association (“First Light”) (HSBC and collectively with First Light, the “Parties”).
4840-5243-7580

Case 2:17-cv-00819-JAD-VCF Document 35 Filed 07/27/17 Page 2 of 4

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The parties hereby stipulate and agree as follows:

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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 First Light;
WHEREAS, First Light filed a Joinder to Defendant Red Rock Financial Services, LLC’s
Motion to Dismiss on June 8, 2017; and

interests, created pursuant to NRS Chapter 116 and the applicable Covenants, Conditions and

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Restrictions, that may have arisen after the foreclosure sale that is the subject of this litigation.

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Snell & Wilmer

WHEREAS, First Light disclaims any interest in the Property other than potential

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

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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 First Light only, with each

party to bear their own fees/costs, and the Motion to Dismiss is deemed withdrawn.
2.

Any statute of limitations for the causes of action asserted against First Light,

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which First Light 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 20 days after entry of this Stipulation and Order, First Light shall provide

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to Plaintiff’s counsel of record in this matter First Light’s records concerning its NRS Chapter

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116 assessment lien foreclosure on the Property along with an affidavit of the Custodian of

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Records for First Light.

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4.

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

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Procedure, First Light shall make available a knowledgeable witness for deposition and trial. The

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deposition will be limited to First Light’s assessment lien foreclosure sale of the Property, and

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subject to any and all applicable objections. First Light shall be provided 30 days’ notice of the

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deposition, and an opportunity to coordinate with Plaintiff’s counsel, a mutually convenient time,

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date and location of such deposition.

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4840-5243-7580

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Case 2:17-cv-00819-JAD-VCF Document 35 Filed 07/27/17 Page 3 of 4

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5.

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

law.

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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 26th day of July, 2017.

DATED this 26th day of July, 2017.

PENGILLY LAW FIRM

SNELL & WILMER L.L.P.

By:

By:

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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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/s/ Elizabeth Lowell (with permission)
James W. Pengilly, Esq.
Nevada Bar No. 6085
Elizabeth Lowell, Esq.
Nevada Bar No. 8551
1995 Village Center Cir., Suite 190
Las Vegas, Nevada 89134
Attorneys for First Light at Old Vegas
Ranch Homeowners Association

/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

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ORDER

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IT IS SO ORDERED. The Motion to Dismiss [23] is deemed WITHDRAWN, and

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plaintiff’s claims against First Light at Old Vegas Ranch Homeowners Association are
UNITED STATES DISTRICT JUDGE
with prejudice.
DISMISSED without prejudice.
DATED:
_________________________
U.S. District Judge Jennifer Dorsey
7-27-17

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4840-5243-7580

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