Wells Fargo Bank, N.A. v. Mahogany Meadows Avenue Trust et al

Filing 20

ORDER Granting 18 Stipulation of Dismissal without prejudice as to Copper CreekHomeowners Association. Signed by Judge James C. Mahan on 8/2/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01469-JCM-VCF Document 18 Filed 07/26/17 Page 1 of 3

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Kelly H. Dove, Esq.
Nevada Bar No. 10569
Michael Paretti, Esq.
Nevada Bar No. 13926
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702-784-5252
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Wells Fargo Bank, N.A.

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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
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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WELLS FARGO BANK, N.A., a national
banking association,
Plaintiff,

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vs.

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MAHOGANY MEADOWS AVENUE
TRUST; COPPER CREEK HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; HAMPTON & HAMPTON
COLLECTIONS, LLC, a Nevada limitedliability company;

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Case No. 2:17-cv-01469-JCM-VCF

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STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF COPPER CREEK HOMEOWNERS
ASSOCIATION

Defendants.

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This Stipulation and Order for Dismissal Without Prejudice of Copper Creek

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Homeowners Association is entered into as of the date below by and between Plaintiff Wells

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Fargo Bank, N.A. (“Wells Fargo”) and Defendant Copper Creek Homeowners Association

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(“Copper Creek” and collectively with Wells Fargo, the “Parties”). The Parties hereby stipulate

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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 161-26-310-011, commonly known as

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6896 Mahogany Meadows Avenue, Las Vegas, Nevada 89122 (the “Property”);

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4815-7149-4987

Case 2:17-cv-01469-JCM-VCF Document 18 Filed 07/26/17 Page 2 of 3

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WHEREAS, Wells Fargo filed a Complaint (ECF No. 1) in this action on May 23, 2017,
which alleges several causes of action against Copper Creek;
WHEREAS Copper Creek filed a Motion to Dismiss the Complaint (ECF No. 13) on
June 29, 2017; and

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WHEREAS, Copper Creek disclaims any interest in title to the Property, but reserves its

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ongoing rights under Nevada law, including NRS 116, and the governing documents, including

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the Covenants, Conditions and Restrictions (“CC&Rs”);

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

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The Complaint is dismissed without prejudice as to Copper Creek only, with each

party to bear their own fees/costs.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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2.

Copper Creek hereby withdraws its Motion to Dismiss (ECF No. 13).

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3.

Any statute of limitations for the causes of action asserted against Copper Creek

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that did not run prior the filing of the Complaint on May 23, 2017, shall be tolled as of the filing

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date until this litigation is fully and finally resolved. The HOA reserves the right to assert all

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applicable affirmative defenses regarding the statute of limitations for any claims that may have

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run prior to the filing of the Complaint on May 23, 2017.

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4.

Copper Creek represents that it will produce all documents in its possession

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related to the litigation and the Property. To the extent additional documents are discovered

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following the initial production, Copper Creek agrees to produce those documents to the parties

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remaining in the litigation.

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5.

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

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Procedure, Copper Creek shall make available a knowledgeable witness for deposition limited to

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the claims and defenses of the parties remaining in the litigation as those claims and defenses

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relate to the assessment lien foreclosure sale of the Property, and subject to any and all

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

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opportunity to coordinate with all remaining Parties concerning a mutually convenient time, date

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and location of such deposition.

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-24815-7149-4987

Case 2:17-cv-01469-JCM-VCF Document 18 Filed 07/26/17 Page 3 of 3

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6.

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

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

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Dated: July 26, 2017

Dated: July 26, 2017

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SNELL & WILMER L.L.P.

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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By: /s/ Michael Paretti
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Michael Paretti, Esq.
Nevada Bar No. 13926
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Attorneys for Plaintiff
Wells Fargo Bank, N.A.

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By: /s/ Amber M. Williams
J. William Ebert, Esq.
Nevada Bar No. 2697
Amber M. Williams, Esq.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Defendant
Copper Creek Homeowners’ Association

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
August 2, 2017
DATED:

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-34815-7149-4987