DLJ Mortgage Capital, Inc. v. SFR Investments Pool 1, LLC et al

Filing 32

ORDER Granting 31 Stipulation of Dismissal with prejudice. Signed by Judge James C. Mahan on 9/27/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-02338-JCM-GWF Document 31 Filed 09/25/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Christopher A.J. Swift, Esq.
Nevada Bar No. 11291
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, DLJ Mortgage Capital, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DLJ MORTGAGE CAPITAL, INC. a foreign
corporation,

STIPULATION AND ORDER TO
DISMISS SFR INVESTMENTS POOL 1,
LLC WITH PREJUDICE

Plaintiff,

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vs.
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Case No.: 2:17-cv-02338-JCM-GWF

SFR INVESTMENTS POOL 1, LLC, a Nevada
Limited Liability Company; and LIBERTY AT
MAYFIELD COMMUNITY ASSOCIATION,
a Nevada Corporation; DOE INDIVIDUALS IX, inclusive, and ROE CORPORATIONS, XIXX, inclusive,
Defendants.

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Pursuant to Fed. R. Civ. P. 41(a) and LR IA 6-2, Plaintiff, DLJ Mortgage Capital, Inc.

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(“Plaintiff”) and Defendant, SFR Investments Pool 1, LLC (“SFR”) (collectively the “Parties”),

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by and through their respective undersigned counsel of record, hereby stipulate to and agree, as

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follows:

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1. This action concerns title to real property commonly known as 4137 Brassy Boots
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Court, Las Vegas, Nevada 89129 (“Property”) following a homeowner’s association
foreclosure sale conducted on September 16, 2013, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust
recorded against the Property in the Official Records of Clark County, Nevada as

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Case 2:17-cv-02338-JCM-GWF Document 31 Filed 09/25/18 Page 2 of 3

Instrument Number 20080501-0003576 (“Deed of Trust”), and in particular, whether

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the Deed of Trust continues to encumber the Property.

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3. This Stipulation and Order is the result of a compromise resolution of this action and

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shall not constitute or be construed as an admission of the facts or legal conclusions at

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issue in this action, or an admission as to the validity of the allegations in future

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actions.

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4. With respect to this dispute, the Parties have entered into a confidential settlement

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agreement pursuant to which Plaintiff shall record a reconveyance of the Deed of

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Trust in the real property records of Clark County, Nevada.

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5. Plaintiff expressly reserves all rights and interests in the loan secured by the Deed of

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Trust, as well as its claims against Ellen Stephanie Chayra, including but not limited,

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any actions to seek a deficiency judgment.

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6. The Parties have resolved all of their claims and disputes, and stipulate and agree to

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the dismissal of all claims among them with prejudice, with each party to bear its own

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costs and attorneys’ fees.

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Case 2:17-cv-02338-JCM-GWF Document 31 Filed 09/25/18 Page 3 of 3

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7. The Parties further stipulate and agree that a copy of this Stipulation and Order may
be recorded with the Clark County Recorder.
IT IS SO STIPULATED.
DATED this 25th day of September, 2018.

DATED this 25th day of September, 2018.

WRIGHT FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Robert A. Riether, Esq.___________
Christopher A.J. Swift, Esq.
Nevada Bar No. 11291
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, DLJ Mortgage
Capital, Inc.

/s/ Jacqueline A. Gilbert, Esq.___________
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
7625 Dean Martin Drive, Ste. 110
Las Vegas, NV 89139
Attorney for Defendant, SFR Investments Pool 1,
LLC

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Case No.: 2:17-cv-02338-JCM-GWF

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ORDER
IT IS SO ORDERED
September 27, 2018
Dated:_______________________

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_________________________________________
UNITED STATES DISTRICT JUDGE

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