Carrington Mortgage Services, LLC; v. Devonridge Homeowners Assn. et al

Filing 27

ORDER granting 26 Stipulation of Dismissal with prejudice Devonridge Homeowners Association, Inc.; Signed by Judge Richard F. Boulware, II on 5/8/2018. (Copies have been distributed pursuant to the NEF - JM)

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ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar 11310
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone] | Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Carrington Mortgage Services, LLC
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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CARRINGTON MORTGAGE SERVICES,
LLC, a California corporation,

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Plaintiff,

Case No.: 2:17-cv-01837-RFB-VCF

STIPULATION AND ORDER TO
DISMISS DEFENDANT DEVONRIDGE
HOMEOWNERS ASSOCIATION, INC.

vs.
DEVONRIDGE HOMEOWNERS
ASSOCATION, INC., a Nevada corporation;
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff CARRINGTON
MORTGAGE SERVICES, LLC (hereinafter “CARRINGTON”) and Defendant DEVONRIDGE
HOMEOWNERS ASSOCIATION (hereinafter “DEVONRIDGE”), (collectively, the “Parties”),
by and through their respective counsel of record, hereby stipulate as follows:
1. On July 5, 2017, Plaintiff CARRINGTON filed its Complaint in this action naming
DEVONRIDGE and other parties as defendants related to a homeowners association foreclosure
sale of real property located at 813 Pirates Cave Court, North Las Vegas, Nevada, 89032; APN
139-09-521-039 (hereinafter “Property”).
2. The Parties hereby agree that CARRINGTON’s claims against DEVONRIDGE shall be
dismissed with prejudice, and CARRINGTON and DEVONRIDGE shall each bear its own costs
and fees related to this litigation.

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3. The Parties further agree that DEVONRIDGE does not take a position regarding whether

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the August 23, 2013, lien foreclosure sale extinguished CARRINGTON’s interest in the deed of

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trust.

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4. DEVONRIDGE asserts that it does not have a current interest in title to the Property.

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5. This dismissal does not affect any rights, claims or defenses of CARRINGTON or

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DEVONRIDGE with respect to any other party related to the foreclosure sale of the Property.

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IT IS SO STIPULATED.

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DATED: May 7th , 2018.

DATED: May 7th, 2018.

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ZIEVE, BRODNAX & STEELE, LLP

BOYACK ORME & ANTHONY

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/s/Christopher B. Antony, Esq.
Christopher B. Anthony, Esq.
Nevada Bar No. 9748
Boyack Orme & Anthony
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117-2769
Attorney for Defendant/Third-Party
Plaintiff,
Devonridge Homeowners Association,
Inc.

/s/ J. Stephen Dolembo______
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
3753 Howard Hughes Pkwy., Ste. 200
Las Vegas, NV 89169
Attorney for Plaintiff Carrington Mortgage
Services, LLC

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ORDER

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Based on the foregoing stipulation, and good cause appearing,

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IT IS ORDERED that Defendant Devonridge Homeowners Association, Inc. is hereby

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dismissed from this case with prejudice.
IT IS FURTHER ORDERED that Defendant Devonridge Homeowners Association,
Inc. has no present interest in title to the Property.

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IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees and
costs.

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IT IS FURTHER ORDERED that this dismissal does not affect any rights, claims or

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defenses of Carrington Mortgage Services, LLC or Devonridge Homeowners Association, Inc.

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with respect to any other party related to the foreclosure sale of the Property.

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IT IS SO ORDERED.

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DATED this ___ day of __________ 2018.
8th
May,

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__________________________
RICHARD F. BOULWARE, II
U.S. DISTRICT COURT OR MAGISTRATE JUDGE
United States District Court

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am an employee of ZIEVE, BRODNAX & STEELE, LLP;

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that service of the foregoing STIPULATION AND ORDER TO DISMISS DEFENDANT

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DEVONRIDGE HOMEOWNERS ASSOCIATION, INC. was made on the 7th day of May,

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2018, by electronic service to all parties and counsel as identified on the Court-generated Notice

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of Electronic Filing.

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Boyack Orme & Anthony
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117-2769
Attorney for Defendant/Third-Party Plaintiff,
Devonridge Homeowners Association, Inc.

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Kim Gilbert Ebron
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Attorney for Defendant,
SFR Investments Pool 1, LLC

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__/s/Sara Hunsaker_________________
An employee of ZIEVE, BRODNAX &
STEELE, LLP

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