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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7 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 (702) 475-7964 - Fax (702) 946-1345 pjurani@wrightlegal.net Attorneys for Plaintiff, PROF-2013-S3 Legal Title Trust, by U.S. Bank National Association, as Legal Title Trustee 8 UNITED STATES DISTRICT COURT 1 2 3 4 5 6 9 DISTRICT OF NEVADA 10 11 12 PROF-2013-S3 LEGAL TITLE TRUST, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, 13 15 16 17 18 19 20 21 22 23 STIPULATION AND ORDER DISCLAIMING INTEREST AND DISMISSING DEFENDANT SUMMIT REAL ESTATE GROUP, INC. Plaintiff, 14 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. 24 25 26 27 28 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: Page 1 1 WHEREAS the above-captioned action concerns Defendant, Elkhorn Community 2 Association’s (the “HOA”) NRS Chapter 116 non-judicial foreclosure sale on or about January 3 9, 2013 (“HOA Sale”) involving certain real property located in Clark County, Nevada, 4 commonly known as 8040 Tailwind Avenue, Las Vegas, NV 89131; APN: 125-16-315-059; 5 6 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]; 7 8 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that Summit hereby disclaims any and all interest in the Property; 9 10 IT IS FURTHER STIPULATED AND AGREED that Summit shall be dismissed with prejudice; 11 IT IS FURTHER STIPULATED AND AGREED that within thirty (30) days after 12 execution of this stipulation and order, Summit shall provide to U.S. Bank its files and/or 13 documents with respect to the real property located at 8040 Tailwind Avenue, Las Vegas, NV 14 89131; APN: 125-16-315-059 concerning the HOA Sale, subject to any and all applicable 15 objections and privileges; 16 IT IS FURTHER STIPULATED AND AGREED that, upon proper notice by U.S. Bank 17 in accord with the Federal Rules of Civil Procedure, Summit shall make available a 18 knowledgeable witness for deposition limited to the HOA Sale of the Property, and subject to 19 any and all applicable objections and privileges. Summit shall be provided an opportunity to 20 coordinate with U.S. Bank’s counsel for a mutually convenient time, date, and location of such 21 deposition. 22 deposition. Summit reserves all rights, defenses, and remedies relative to the notice of 23 IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and 24 order should be construed as intended to benefit any other party not identified as the parties 25 hereto; 26 IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and 27 order is intended to be, or will be, construed as an admission of the claims or defenses of the 28 parties; Page 2 1 IT IS FURTHER STIPULATED AND AGREED that each side will bear its own 2 attorney’s fees and costs through the date of entry of the Court’s Order granting this Stipulation. 3 IT IS SO STIPULATED AND AGREED. 4 WHEREFORE, the undersigned request this Court enter an Order granting the above 5 Stipulation. 6 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. 7 8 9 10 11 12 13 14 15 16 ORDER 17 18 19 IT IS SO ORDERED. Dated: August 14, 2018. Dated this ______ day of ______________, 2018. 20 21 ______________________________________ UNITED STATES DISTRICT COURT JUDGE 22 23 24 25 26 27 28 Page 3

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