U.S. Bank National Association v. Shadow Crossings Homeowners Association et al

Filing 25

ORDER Granting 24 Stipulation of Dismissal. IT IS HEREBY ORDERED that the claims against Shadow Crossings Homeowners Association are DISMISSED with prejudice. Shadow Crossings' 10 motion to dismiss is DENIED without prejudice as moot. Signed by Judge Jennifer A. Dorsey on 3/14/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02120-JAD-VCF Document 24 Filed 03/13/18 Page 1 of 4

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ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar 11310
J. Stephen Dolembo, Esq.
Nevada Bar 9795
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff U.S. Bank National Association, as Trustee for GSR Mortgage Loan
Trust 2005-AR5
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STIPULATION AND ORDER TO
DISMISS DEFENDANT SHADOW
CROSSINGS HOMEOWNERS
ASSOCIATION

Plaintiff,

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CASE NO.: 2:17-CV-02120-JAD-VCF

U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR GSR MORTGAGE
LOAN TRUST 2005-AR5, a national banking
trust,

vs.
ECF Nos. 10, 24

SHADOW CROSSINGS HOMEOWNERS
ASSOCIATION, a Nevada corporation; SFR
INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

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Defendants.

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Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff U.S. BANK NATIONAL

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ASSOCIATION, AS TRUSTEE FOR GSR MORTGAGE LOAN TRUST 2005-AR5

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(hereinafter “US BANK”) and Defendant SHADOW CROSSINGS HOMEOWNERS

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ASSOCIATION (hereinafter “SHADOW CROSSINGS”), (collectively, the “Parties”), by and

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through their respective counsel of record, hereby stipulate as follows:

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1. On August 8, 2017, Plaintiff US BANK filed its Complaint in this action naming

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SHADOW CROSSINGS and other parties as defendants related to a homeowners association

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foreclosure sale of real property located at 47 Stockton Edge Ave., North Las Vegas, Nevada

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89086; APN 124-22-810-011 (hereinafter “Property”).
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Case 2:17-cv-02120-JAD-VCF Document 24 Filed 03/13/18 Page 2 of 4

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2. The Parties hereby agree that US BANK’s claims against SHADOW CROSSINGS shall

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be dismissed with prejudice, and US BANK and SHADOW CROSSINGS shall each bear its

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own costs and fees related to this litigation.

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3. SHADOW CROSSINGS asserts that it does not have a current ownership interest in title
to the Property.

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4. SHADOW CROSSINGS specifically reserves its ongoing rights under Nevada law,

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including NRS Chapter 116, and the governing documents, including the Covenants, Conditions

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and Restrictions (“CC&Rs”).

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5. This dismissal does not affect any rights, claims or defenses of US BANK or SHADOW
CROSSINGS with respect to any other party related to the foreclosure sale of the Property.
IT IS SO STIPULATED.

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DATED: March 8th__, 2018

DATED: March _8th__ , 2018

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ZIEVE, BRODNAX & STEELE, LLP

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

/s/J. Stephen Dolembo, Esq.______
J. Stephen Dolembo, Esq.
Nevada Bar 9795
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff U.S. Bank National
Association, as Trustee for GSR Mortgage
Loan Trust 2005-AR5

/s/Amber M. Williams, Esq.____________
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] - Telephone
[phone] - Facsimile
[e-mail]
[e-mail]
Attorneys for Defendant, Shadow Crossings
Homeowners Association

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ORDER
Based on stipulation [ECF No. 24] between cause appearing,
Based on thisthe foregoing stipulation, and good fewer than all parties, which I construe as
a joint motionORDERED that Defendant SHADOW CROSSINGS HOMEOWNERS the
IT IS under LR 7-1, and good cause appearing, IT IS HEREBY ORDERED that
claims against Shadow Crossings Homeowners Association are DISMISSED with
ASSOCIATION is Crossings’ motion to dismiss [ECF No. 10] is DENIED without prejudice
prejudice. Shadow hereby dismissed from this case with prejudice.
as moot.
IT IS FURTHER ORDERED that Defendant SHADOW CROSSINGS
HOMEOWNERS ASSOCIATION has no present ownership interest in title to the Property.
____________________________
______________________
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U.S. District Judge Jenn r Do
. District J
istr t Judge Jennifer Dorsey
nn
nifer
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March 14 2018
ch 14,