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

Filing 78

ORDER Granting 77 Stipulation of Dismissal with Prejudice. Status Conference set for 7/10/2020 at 8:00 a.m. is VACATED. Signed by Judge Gloria M. Navarro on 7/9/2020. (Copies have been distributed pursuant to the NEF - ASB)

Case 2:17-cv-01128-GMN-VCF Document 78 Filed 07/09/20 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Christina V. Miller, Esq.
Nevada Bar No. 12448
R. Samuel Ehlers Esq.
Nevada Bar No. 9313
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorney for Plaintiff/Counter/Cross-Defendants, U.S. Bank National Association, as Trustee
for GSAA Home Equity Trust 2006-6, Asset-Backed Certificates Series 2006-6
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-6, ASSET-BACKED
CERTIFICATES SERIES 2006-6,

Case No.: 2:17-cv-01128-GMN-VCF
STIPULATION JUDGMENT AND
ORDER TO DISMISS ALL CLAIMS

Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC; and
INDEPENDENCE II HOMEOWNERS’
ASSOCIATION,

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Defendants.

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SFR INVESTMENTS POOL I, LLC

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Counter/Cross-Claimant,
vs.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-6, ASSET-BACKED
CERTIFICATES SERIES 2006; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., AS NOMINEE BENEFICIARY FOR
ASTORIA FINANCIAL, LLC; ASHLEY
THOMPSON, an individual
Counter/Cross-Defendants.

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Case 2:17-cv-01128-GMN-VCF Document 78 Filed 07/09/20 Page 2 of 4

STIPULATION JUDGMENT AND ORDER TO DISMISS ALL CLAIMS

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COMES NOW, Plaintiff/Counter/Cross-Defendants, U.S. Bank National Association, as

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Trustee for GSAA Home Equity Trust 2006-6, Asset-Backed Certificates Series 2006-6 (“US

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Bank”);

Defendant/Counter/Cross-Claimant, SFR Investments Pool 1, LLC (“SFR”); and

Defendant, Independence II Homeowners Association (“HOA”) (collectively “the Parties”), by
and through their attorneys of record, hereby stipulate as follows:

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1. This action concerns title to real property commonly known as 9329 Leisel Avenue,

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Las Vegas, Nevada 89148 (“Property”) APN # 176-08-118-008 following a

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homeowner’s association foreclosure sale conducted on May 18, 2011, with respect

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to the Property described as follows:
Parcel I:
Lot 572 in Block 10 of Quartersprings - Unit 2, as shown by map thereof on
file in Book 122 of Plats, Page 04, in the Office of the County Recorder of
Clark County, Nevada.
Reserving therefrom an easement for private streets and common areas as
shown and delineated on said map.
Parcel II:
An easement for ingress and egress over private streets and common areas as
shown and delineated on said map.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust
recorded against the Property in the Official Records of Clark County, Nevada as
Instrument Number 20051222-0001429 (“Deed of Trust”), and in particular, whether
the Deed of Trust continues to encumber the Property.

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3. This Stipulation and Order is the result of a compromise resolution of this action and

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shall not constitute or be construed as an admission of the facts or legal conclusions at

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Case 2:17-cv-01128-GMN-VCF Document 78 Filed 07/09/20 Page 3 of 4

issue in this action, or an admission as to the validity of the allegations in future

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actions.

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4. With respect to this dispute, the Parties have entered into a confidential settlement

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agreement pursuant to which the Parties shall enter into this Stipulated Judgment to

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Quiet Title exclusively to SFR free and clear of any estate, claim or right held by US

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Bank which shall be recorded in the real property records of Clark County, Nevada.

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5. U.S. Bank expressly reserves all rights and interests in the loan secured by the Deed

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of Trust, as well as its claims against the original borrower, Ashley Thompson,

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including but not limited, any actions to seek a deficiency judgment.

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…

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…

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Case 2:17-cv-01128-GMN-VCF Document 78 Filed 07/09/20 Page 4 of 4

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6. The Parties have resolved all of their claims and disputes, and stipulate and agree to

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the dismissal of all claims among them with prejudice, with each party to bear its own

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costs and attorneys’ fees.

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IT IS SO STIPULATED.
DATED this 9th day of July, 2020.

DATED this 9th day of July, 2020.

WRIGHT, FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ R. Samuel Ehlers
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorney for Plaintiff,
U.S. Bank National Association,
as Trustee for GSAA Home Equity
Trust 2006-6, Asset-Backed Certificates
Series 2006-6

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

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DATED this 9th day of July, 2020.

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GORDON REES SCULLY MANSUKHANI, LLP

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/s/ Brian K. Walters
Robert S. Larsen, Esq.
Nevada Bar No. 7785
Brian K. Walters, Esq.
Nevada Bar No. 9711
300 South 4th Street, Suite 1550
Las Vegas, NV 89101
Attorneys for Defendant Independence II
Homeowners Association

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ORDER

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IT IS HEREBY ORDERED that the above Stipulation for Dismissal of All Claims,

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(ECF No. 77), is GRANTED. Accordingly, the Status Conference set for July 10, 2020, is

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VACATED.

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DATED this ____ day of July, 2020.

__________________________________
Gloria M. Navarro, District Judge
United States District Court
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