Deutsche Bank National Trust Company v. Shadow Springs Community Association et al

Filing 14

ORDER granting 13 Stipulation of Dismissal with prejudice; Signed by Judge James C. Mahan on 3/20/2018.; Case terminated. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02442-JCM-VCF Document 13 Filed 03/19/18 Page 1 of 4

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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, Deutsche Bank National Trust Company, as Trustee for Argent Securities
Inc., Asset-Backed Pass-Through Certificates, Series 2006-M1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR ARGENT
SECURITIES INC., ASSET-BACKED PASSTHROUGH CERTIFICATES, SERIES 2006M1,
Plaintiff,
vs.

Case No.: 2:17-cv-02442-JCM-VCF

STIPULATION AND ORDER TO
DISMISS DEFENDANT RED ROCK
FINANCIAL SERVICES, LLC

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SHADOW SPRINGS COMMUNITY
ASSOCIATION; RED ROCK FINANCIAL
SERVICES, LLC,

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Defendants.

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Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc.,

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Asset-Backed Pass-Through Certificates, Series 2006-M1 (hereinafter “Deutsche Bank”) and

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Defendant, Red Rock Financial Services, LLC (hereinafter “Red Rock”), by and through their

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respective attorneys of record, hereby stipulate and agree as follows:

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WHEREAS:
1.

The real property which is the subject of this civil action consists of a residence

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commonly known as 6217 Capehart Falls Street, North Las Vegas, Nevada 89081; APN 124-25-

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513-075 (hereinafter “Property”), and is part of Shadow Springs Community Association

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(hereinafter “HOA”);

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Case 2:17-cv-02442-JCM-VCF Document 13 Filed 03/19/18 Page 2 of 4

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2.

Deutsche Bank is the holder of a first Deed of Trust securing a loan in the amount

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of $267,468.00 made on or about April 19, 2006 (“Note”) by Lashia D. Macauley (“Borrower”)

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and recorded on April 26, 20016 in the Official Records of Clark County, Nevada as Book and

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Instrument Number 20060426-0002435 (“Deed of Trust”);

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3.

On December 15, 2008, a Notice of Delinquent Assessment Lien was recorded

against the Property by Red Rock, as agent for HOA;
4.

On June 18, 2009, a Notice of Default and Election to Sell Under Homeowners

Association Lien was recorded against the Property by Red Rock, as agent for HOA;
5.

On May 6, 2013, a Notice of Sale was recorded against the Property by Red Rock,

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as agent for HOA;
6.

Pursuant to that Notice of Sale, a non-judicial foreclosure sale occurred on May

30, 2013 (hereinafter the “HOA Sale”);
7.

On July 3, 2013, a Foreclosure Deed was recorded wherein Underwood Partners

LLC is named as the grantee, and the purchase price is listed as $13,000.00;

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8.

On October 18, 2013, a Grant Bargain Sale Deed was recorded wherein NV

Eagles LLC is named as the grantee, and the purchase price is listed as $10.00;
9.

On

September

18,

2017,

Deutsche

Bank

filed

a

Complaint

for

Wrongful/Defective Foreclosure, among other claims, against Red Rock in Case Number 2:17-

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cv-02442-JCM-VCF;
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10.

On January 3, 2018, Red Rock filed its MOTION TO DISMISS UNDER FRCP

12(b)(6), OR, IN THE ALTERNATIVE, UNDER FRCP 12(b)(7) [ECF No. 6];
11.

The undersigned Parties have now come to a resolution regarding their

respective claims and interest in the Property;

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Case 2:17-cv-02442-JCM-VCF Document 13 Filed 03/19/18 Page 3 of 4

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12.

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All claims asserted by or against any of the undersigned Parties hereto shall be

dismissed with prejudice;

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13.

Nothing in this Stipulation should be construed as intended to benefit any other

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party not identified as the undersigned Parties hereto, and in particular, shall not constitute a
waiver or relinquishment of any claims by Deutsche Bank against the HOA or Borrowers; and

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settlement.

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Each Party shall bear its own fees and costs incurred in this litigation and

IT IS HEREBY STIPULATED AND AGREED that Defendant, Red Rock Financial

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Services, LLC is hereby dismissed, with prejudice;

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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 this Stipulation and Order is in

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no way intended to impair the rights of Deutsche Bank (or any of its authorized agents, investors,

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affiliates, predecessors, successors, and assigns) to pursue any and all remedies against the HOA

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as to proceedings related to the HOA Sale or against the Borrower, as defined in the Note, that

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Deutsche Bank (or any of its authorized servicers, agents, investors, affiliates, predecessors,

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successors, and assigns) may have relating to the Note, including the right to sue the Borrower
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for any deficiency;

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IT IS FURTHER STIPULATED AND AGREED that the pending RED ROCK

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FINANCIAL SERVICES, LLC’S MOTION TO DISMISS UNDER FRCP 12(b)(6), OR, IN

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Case 2:17-cv-02442-JCM-VCF Document 13 Filed 03/19/18 Page 4 of 4

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THE ALTERNATIVE, UNDER FRCP 12(b)(7) [ECF No. 6], filed on January 3, 2018, shall be
denied as moot;
IT IS FURTHER STIPULATED AND AGREED that Red Rock shall disburse the
excess proceeds from the May 30, 2013 sale of the real property which is the subject of this civil

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action, commonly known as 6217 Capehart Falls Street, North Las Vegas, Nevada 89081; APN

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124-25-513-075, in the amount of $2,752.91, to Deutsche Bank, pursuant to NRS

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116.31164(7)(b)(4);

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IT IS FURTHER STIPULATED AND AGREED that each Party shall bear its own
attorney’s fees and costs incurred in this litigation and settlement.

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IT IS SO STIPULATED.
Dated this 16th day of March, 2018.

Dated this 16th day of March, 2018.

WRIGHT, FINLAY & ZAK, LLP

KOCH & SCOW LLC

/s/ Paterno C. Jurani, Esq.
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, Deutsche Bank
National Trust Company, as Trustee for Argent
Securities Inc., Asset-Backed Pass-Through
Certificates, Series 2006-M1

/s/ Steven B. Scow, Esq.
David R. Koch, Esq.
Nevada Bar No. 8830
Steven B. Scow, Esq.
Nevada Bar No. 9906
Brody R. Wight, Esq.
Nevada Bar No. 13615
11500 S. Eastern Ave., Suite 210
Henderson, Nevada 89052
Attorneys for Defendant, Red Rock Financial
Services, LLC

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ORDER

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IT IS SO ORDERED.
Dated this ______ 2018. ______________, 2018.
March 20, day of

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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