PROF-2013-S3 Legal Title Trust v. Summit Real Estate Group, Inc. et al

Filing 60

ORDER Granting 59 Stipulation of Dismissal of Defendant Summit Real Estate Group, Inc. Signed by Judge Andrew P. Gordon on 8/14/2018. (Copies have been distributed pursuant to the NEF - MR)

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WRIGHT, FINLAY & ZAK, LLP
Natalie C. Lehman, Esq.
Nevada Bar No. 12995
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone] - Fax [phone]
[e-mail]
Attorneys for Plaintiff, PROF-2013-S3 Legal Title Trust, by U.S. Bank National Association, as
Legal Title Trustee

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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STIPULATION AND ORDER
DISCLAIMING INTEREST AND
DISMISSING DEFENDANT SUMMIT
REAL ESTATE GROUP, INC.

Plaintiff,

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Case No.: 2:17-cv-02080-APG-PAL

vs.
SUMMIT REAL ESTATE GROUP, INC., a
Nevada corporation; PREMIER ONE
HOLDINGS, INC., a Nevada Corporation;
ELKHORN COMMUNITY ASSOCIATION,
a Nevada non-profit Corporation; ATC
ASSESSMENT COLLECTION GROUP, LLC
FKA ANGIUS & TERRY COLLECTIONS
LLC, a Nevada Limited-Liability Corporation;
F. BONDURANT, LLC, a Nevada LimitedLiability Company; DANNY, LLC, a Nevada
Limited-Liability Company,
Defendants.

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Plaintiff, PROF-2013-S3 Legal Title Trust, by U.S. Bank National Association, as Legal
Title Trustee (hereinafter “U.S. Bank”), and Defendant, Summit Real Estate Group, Inc.
(hereinafter “Summit”), by and through their respective counsel of record, hereby stipulate and
agree as follows:

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WHEREAS the above-captioned action concerns Defendant, Elkhorn Community

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Association’s (the “HOA”) NRS Chapter 116 non-judicial foreclosure sale on or about January

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9, 2013 (“HOA Sale”) involving certain real property located in Clark County, Nevada,

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commonly known as 8040 Tailwind Avenue, Las Vegas, NV 89131; APN: 125-16-315-059;

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WHEREAS U.S. Bank filed its Complaint on August 1, 2017, alleging several causes of
action against Summit in connection with the HOA Sale and the Property [ECF No. 1];

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that Summit
hereby disclaims any and all interest in the Property;

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IT IS FURTHER STIPULATED AND AGREED that Summit shall be dismissed with
prejudice;

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IT IS FURTHER STIPULATED AND AGREED that within thirty (30) days after

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execution of this stipulation and order, Summit shall provide to U.S. Bank its files and/or

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documents with respect to the real property located at 8040 Tailwind Avenue, Las Vegas, NV

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89131; APN: 125-16-315-059 concerning the HOA Sale, subject to any and all applicable

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objections and privileges;

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IT IS FURTHER STIPULATED AND AGREED that, upon proper notice by U.S. Bank

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in accord with the Federal Rules of Civil Procedure, Summit shall make available a

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knowledgeable witness for deposition limited to the HOA Sale of the Property, and subject to

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any and all applicable objections and privileges. Summit shall be provided an opportunity to

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coordinate with U.S. Bank’s counsel for a mutually convenient time, date, and location of such

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deposition.

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deposition.

Summit reserves all rights, defenses, and remedies relative to the notice of

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IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and

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order should be construed as intended to benefit any other party not identified as the parties

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hereto;

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IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and

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order is intended to be, or will be, construed as an admission of the claims or defenses of the

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parties;

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IT IS FURTHER STIPULATED AND AGREED that each side will bear its own

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attorney’s fees and costs through the date of entry of the Court’s Order granting this Stipulation.

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IT IS SO STIPULATED AND AGREED.

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WHEREFORE, the undersigned request this Court enter an Order granting the above

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Stipulation.

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DATED this 13th day of August, 2018.

DATED this 13th day of August, 2018.

WRIGHT, FINLAY & ZAK, LLP

THE WRIGHT LAW GROUP, P.C.

/s/ Paterno C. Jurani, Esq.
Natalie C. Lehman, Esq.
Nevada Bar No. 12995
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal Title
Trust 2015-1, by U.S. Bank National
Association, as Legal Title Trustee

/s/ Christopher B. Phillips, Esq.
John H. Wright, Esq.
Nevada Bar No. 6182
Christopher B. Phillips, Esq.
Nevada Bar No. 14600
2340 Paseo Del Prado, #D305
Las Vegas, NV 89102
Attorneys for Defendant, Summit Real Estate
Group, Inc.

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ORDER

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IT IS SO ORDERED.

Dated: August 14, 2018.
Dated this ______ day of ______________, 2018.

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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