Federal National Mortgage Association v. Keynote Properties, LLC et al

Filing 51

ORDER granting 49 Stipulation re Bill of Costs; Signed by Magistrate Judge Nancy J. Koppe on 8/6/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01647-JCM-NJK Document 49 Filed 07/19/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Federal National Mortgage Association

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,

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STIPULATION AND ORDER
REGARDING BILL OF COSTS
[ECF NO. 46]

vs.
KEYNOTE PROPERTIES, LLC; and
MISSION HILLS HOMEOWNERS
ASSOCIATION,
Defendants.

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Case No.: 2:17-cv-01647-JCM-NJK

Plaintiff Federal National Mortgage Association (“Fannie Mae”), by and through its
counsel of record, Dana Jonathon Nitz, Esq. and Christina V. Miller, Esq., of the law firm
Wright, Finlay & Zak, LLP; and Defendant Mission Hills Homeowners Association (the
“HOA”), by and through its counsel of record, Robert S. Larsen, Esq. and Wing Yan Wong,
Esq., of the law firm Gordon Rees Scully Mansukhani, LLP, hereby stipulate and agree as
follows:
WHEREAS, on June 13, 2017, Fannie Mae filed its Complaint against Keynote
Properties, LLC (“Keynote”) and the HOA, alleging the following causes of action: Declaratory
Relief Under 12 U.S.C. §4617(j)(3) (against Keynote); Quiet Title Under 12 U.S.C. §4617(j)(3)
(against Keynote); Declaratory Relief Under Amendments V and XIV to the United States
Constitution (against Keynote and the HOA); Quiet Title Under Amendments V and XIV to the

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Case 2:17-cv-01647-JCM-NJK Document 49 Filed 07/19/18 Page 2 of 3

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United States Constitution (against Keynote and the HOA); and Permanent and Preliminary

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Injunction (against Keynote). ECF No. 1.

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WHEREAS, on March 14, 2018, the Court entered its Order granting in part and denying

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in part the HOA’s Motion to Dismiss (ECF No. 8), thereby dismissing the first, third and fifth

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causes of action as to the HOA only. ECF No. 42.

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WHEREAS, on June 14, 2018, the Court entered its Order granting Fannie Mae’s Motion

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for Summary Judgment (ECF No. 31), concluding that Fannie Mae’s interest in the property

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survived the alleged foreclosure, pursuant to the Federal Foreclosure Bar (12 U.S.C.

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§4617(j)(3)). ECF No. 43.

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WHEREAS, on June 28, 2018, Fannie Mae filed its Ex Parte Application for Release of
Cash Deposit (ECF No. 45) and Bill of Costs (ECF No. 46).

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WHEREAS, on July 12, 2018, the HOA filed an Objection to the Bill of Costs. ECF No.
48.

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WHEREFORE, based on the foregoing,

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Case 2:17-cv-01647-JCM-NJK Document 49 Filed 07/19/18 Page 3 of 3

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IT IS HEREBY STIPULATED, for the purpose of clarification, that the Bill of Costs is

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asserted against Keynote only in light of Fannie Mae’s causes of action for Declaratory Relief

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and Quiet Title Under 12 U.S.C. §4617(j)(3), which were alleged against Keynote and not the

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HOA, and form the basis of this Court’s entry of summary judgment in Fannie Mae’s favor.

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IT IS FURTHER STIPULATED that, because the Bill of Costs is brought against

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Keynote only, the HOA hereby withdraws its Objection to the Bill of Costs. ECF No. 48.

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IT IS SO STIPULATED.
DATED this 19th day of July, 2018.
WRIGHT, FINLAY & ZAK, LLP

DATED this 19th day of July, 2018.
GORDON REES SCULLY
MANSUKHANI, LLP

/s/ Christina V. Miller, Esq.
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorney for Plaintiff Federal National
Mortgage Association

/s/ Wing Yan Wong, Esq.
Wing Yan Wong, Esq.
Nevada Bar No. 13622
300 South Fourth Street, Suite 1550
Las Vegas, NV 89101
Attorney for Defendant Mission Hills
Homeowners Association

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IT IS SO ORDERED.
August 6, 2018
DATED: ____________________________

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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