Wells Fargo Financial Nevada 2, Inc. v. Haddad et al

Filing 27

ORDER Granting 26 Stipulation of Dismissal as to Defendant Desert Inn Mobile Family Estate Owners Association without prejudice. Signed by Judge Richard F. Boulware, II on 10/11/17. (Copies have been distributed pursuant to the NEF - ADR)

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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 Financial Nevada 2, Inc.

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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 FINANCIAL NEVADA 2,
INC., a Nevada corporation,
Plaintiff,

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vs.

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EDDIE HADDAD, an individual; DESERT
INN MOBILE FAMILY ESTATES OWNERS
ASSOCIATION; a Nevada non-profit
corporation; VIAL FOTHERINGHAM LLP,
an Oregon limited-liability partnership;

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Case No. 2:17-cv-01511-RFB-CWH

STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF DEFENDANT DESERT INN
MOBILE FAMILY ESTATES OWNERS
ASSOCIATION

Defendants.

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Plaintiff Wells Fargo Financial Nevada 2, Inc. (“Wells Fargo”), and Defendant Desert Inn

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Mobile Family Estates Owners Association (“Desert Inn,” and together with Wells Fargo, the

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“Parties”), by and through their respective counsel of record, hereby stipulate and agree as

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follows:

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

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involving that real property in Clark County, Nevada with APN 161-16-210-044, commonly

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known as 3658 Death Valley Drive, Las Vegas, Nevada 89122 (the “Property”);

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WHEREAS, Wells Fargo filed its Complaint on May 26, 2017, alleging several cause of
actions against Desert Inn; and

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WHEREAS, Desert Inn disclaims any current ownership interest in the Property.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

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1. The Complaint is dismissed without prejudice as to Desert Inn only, with each party to

bear its own fees/costs.

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2. Desert Inn acknowledges that this action seeks clarification of title to the Property, which is

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located within the Desert Inn community. While Desert Inn expressly waives no rights or defenses,

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Desert Inn shall be bound by any non-monetary final order, judgment or decree as to the disposition

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of the title of the Property.

shall be tolled from the date this Stipulation is signed by the parties until the litigation is fully and

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Snell & Wilmer

3. Any statute of limitations for the causes of action asserted against Desert Inn in the Complaint

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

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finally concluded.

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4. Within thirty (30) days after entry of this Stipulation and Order, Desert Inn shall produce

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to Wells Fargo’s attorneys of record any documents relevant to the above-captioned litigation

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along with a Certificate of Custodian of Records.

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5. Upon request by Wells Fargo, Desert Inn shall produce, to Wells Fargo’s attorneys of record,

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a knowledgeable witness for deposition regarding the facts and circumstances in this case. Wells

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Fargo shall give Desert Inn 30 days’ notice of the deposition and coordinate the time, date and

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location with Desert Inn. Desert Inn will also produce a similar witness for trial, if necessary.

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

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Dated: October 9, 2017

Dated: October 9, 2017

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SNELL & WILMER L.L.P.

DENNETT WINSPEAR, LLP

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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
Financial Nevada 2, Inc.

By: /s/ Matthew A. Sarnoski
Gina Gilbert Winspear, Esq.
Nevada Bar No. 5552
Matthew Allen Sarnoski, Esq.
Nevada Bar No. 9176
3301 N. Buffalo Drive, Suite 195
Las Vegas, NV 89129
Attorneys for Defendant Desert Inn Mobile
Family Estates Owners Association

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE

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DATED: October 11, 2017.

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4811-1742-1388

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