JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 45

ORDER granting 43 Stipulation of Dismissal with prejudice; Leach Kern Gruchow Anderson Song, Inc. shall disburse the $9,557.33 in excess proceeds from the HOA Foreclosure Sale to Chase or its servicer, Select Portfolio Servicing, Inc. Signed by Judge James C. Mahan on 8/13/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-03052-JCM-GWF Document 43 Filed 08/09/19 Page 1 of 3

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Katie M. Weber, Esq.
Nevada Bar No. 11736
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.
UNITED STATES DISTRICT COURT\

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DISTRICT OF NEVADA

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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JPMORGAN CHASE BANK, N.A.,

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Case No.: 2:17-cv-03052-JCM-GWF

Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; SIERRA RANCH
HOMEOWNERS ASSOCIATION, a Nevada
non-profit corporation; ILIANA HURTADO, an
individual,

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STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE OF DEFENDANT
SIERRA RANCH HOMEOWNERS
ASSOCIATION ONLY

Defendants.

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Plaintiff JPMorgan Chase Bank, N.A. (“Chase”), and Defendant Sierra Ranch

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Homeowners Association (“Sierra Ranch”) (collectively, the “Parties”), by and through their

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

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1.

This action concerns a lien foreclosure sale (the “HOA Foreclosure Sale”)

conducted by Leach Kern Gruchow Anderson Song, LTD. (“Leach Kern”), on behalf of Sierra

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Ranch, on December 12, 2013, with respect to certain real property commonly known as 216
Icy River Ave., North Las Vegas, NV 89031 (APN 124-27-612-016) (the “Property”).

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Case 2:17-cv-03052-JCM-GWF Document 43 Filed 08/09/19 Page 2 of 3

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2.

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Foreclosure Sale.

As it relates to the Parties, a dispute arose regarding the validity of the HOA

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3.

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

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and shall not constitute or be construed as an admission of the facts or legal conclusions at issue
in this action, or an admission as to the validity of the allegations in future actions.
4.

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

to the dismissal of all claims among them, with prejudice, with each party to bear its own
attorneys’ fees and costs.

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5.

Chase and its servicer, Select Portfolio Servicing, Inc., maintain that they are the

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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proper recipients of the funds held as excess proceeds by Leach Kern, in the amount of

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$9,557.33, as a result of the HOA Foreclosure Sale.

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Dated this 9th day of August, 2019.

Dated this 9th day of August, 2019.

SMITH LARSEN & WIXOM

LEACH KERN GRUCHOW ANDERSON
SONG

/s/ Katie M. Weber
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Katie M. Weber, Esq.
Nevada Bar No. 11736
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.

/s/ Ryan D. Hastings
Sean L. Anderson, Esq.
Nevada Bar No. 7259
Ryan D. Hastings, Esq.
Nevada Bar No. 12394
2525 Box Canyon Dr.
Las Vegas, Nevada 89128
Attorneys for Defendant
Sierra Ranch Homeowners Association

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ORDER

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Based on the above stipulation between Plaintiff JPMorgan Chase Bank, N.A.

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(“Chase”), and Defendant Sierra Ranch Homeowners Association (“Sierra Ranch”), and good

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cause appearing therefore,
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Case 2:17-cv-03052-JCM-GWF Document 43 Filed 08/09/19 Page 3 of 3

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JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC, et al.
Case No. 2:17-cv-03052-JCM-GWF

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IT IS HEREBY ORDERED that all claims brought by Chase as against Sierra Ranch

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are dismissed with prejudice.
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IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees and

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costs.
IT IS FURTHER ORDERED that Leach Kern Gruchow Anderson Song, Inc. shall
disburse the $9,557.33 in excess proceeds from the HOA Foreclosure Sale to Chase or its

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servicer, Select Portfolio Servicing, Inc.
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IT IS SO ORDERED.

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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________________________________
UNITED STATES DISTRICT JUDGE

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August 13, 2019
DATE:__________________________

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