U.S. Bank National Association v. SFR Investments Pool I, LLC, et al

Filing 34

ORDER granting 31 Stipulation of Dismissal with prejudice; Signed by Judge James C. Mahan on 11/14/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01424-JCM-VCF Document 31 Filed 11/01/18 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
Christopher L. Benner, Esq.
Nevada Bar No. 8963
SMITH LARSEN & WIXOM
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff,
U.S. Bank National
Association, on behalf of the
registered Holders of Bear
Stearns Asset Backed
Securities I LLC, AssetBacked Certificates, Series
2007-AC1.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
U.S. Bank National Association, on behalf of the
registered Holders of Bear Stearns Asset Backed
Securities I LLC, Asset-Backed Certificates,
Series 2007-AC1,
Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; EL PASEO
COMMUNITY ASSOCIATION, a Nevada nonprofit corporation; JOHNNIE WILLIAMS, an
individual.
Defendants.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counter-Claimant
v.
U.S. Bank National Association, on behalf of the
registered Holders of Bear Stearns Asset Backed
Securities I LLC, Asset-Backed Certificates,
Series 2007-AC1
Counter-Defendant
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CASE NO.: 2:17-cv-01424-JCM-VCF

STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE

Case 2:17-cv-01424-JCM-VCF Document 31 Filed 11/01/18 Page 2 of 3

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Pursuant to Federal Rule of Civil Procedure 41(a), and LR IA 6-2 Plaintiff/Counter-

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Defendant U.S. Bank National Association, on behalf of the registered Holders of Bear
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Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2007-AC1 (“U.S.

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Bank”), and Defendant/Counterclaimant SFR Investments Pool 1, LLC, (“SFR”)(collectively
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to and agree, as follows:
1. This action concerns title to real property commonly known as 8007 Rotella Drive,
Las Vegas, Nevada 89147 (“Property”) following a homeowner’s association
foreclosure sale conducted on August 10, 2012, with respect to the Property.

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2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust

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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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the “Parties”), by and through their respective undersigned counsel of record, hereby stipulate

recorded against the Property in the Official Records of Clark County, Nevada as

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Instrument Number 20061031-0007297 (“Deed of Trust”), and in particular,

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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

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

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conclusions at issue in this action, or an admission as to the Validity of the

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allegations in future 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 U.S. Bank shall record a reconveyance of the Deed

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of Trust in the real property records of Clark County, Nevada.

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5. U.S. Bank expressly reserves all rights and interest in the loan secured by the Deed
of Trust, as well as its claims against Johnnie Williams, including but not limited
to, and actions to seek a deficiency judgment.
6. U.S. Bank further expressly reserves all rights and interest in any excess proceeds

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from the foreclosure sale of the Property, as well as its claims against Nevada
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Association Services, Inc.
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7. The Parties have resolved all of their claims and disputes, and stipulate and agree
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Case 2:17-cv-01424-JCM-VCF Document 31 Filed 11/01/18 Page 3 of 3

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to the dismissal of all claims between the Parties, including all counterclaims, with
prejudice, with each party to bear its own costs and attorneys’ fees.

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8. The Parties further stipulate and agree that a copy of this Stipulation and Order
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may be recorded with the Clark County Recorder.
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IT IS SO STIPULATED this 1st day of November, 2018.
KIM GILBERT EBRON

SMITH LARSEN & WIXOM, CHARTERED

/s/Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-Mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Attorney for Defendant/Counterclaimant,
SFR Investments Pool 1, LLC

/s/Christopher L. Benner
CHRISTOPHER L. BENNER, ESQ.
Nevada Bar No. 8963
E-Mail: [e-mail]
SMITH LARSEN & WIXOM, CHARTERED
1935 Village Center Circle
Las Vegas, Nevada 89134-6237
Attorney for Plaintiff/Counter-Defendant,
U.S. Bank National Association, on behalf of
the registered Holders of Bear Stearns Asset
Backed Securities I LLC, Asset-Backed
Certificates, Series 2007-AC1

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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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IT IS SO ORDERED:
UNITED STATES DISTRICT COURT JUDGE

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DATED:
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November 14, 2018