Bank of New York Mellon v. Williston Investment Group LLC et al

Filing 32

ORDER Granting 30 Stipulation of Dismissal as to Defendant The Parks Homeowners Association. Signed by Judge Andrew P. Gordon on 10/11/2018. (Copies have been distributed pursuant to the NEF - ADR)

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LIPSON NEILSON P.C.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
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,
The Parks Homeowners Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA10 MORTGAGE PASS-THROUGH
CERTIFICATES

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Plaintiff,

Lipson Neilson P.C.

9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] FAX: [phone]

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STIPULATION AND ORDER TO
DISMISS DEFENDANT THE PARKS
HOMEOWNERS ASSOCIATION

vs.

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CASE NO.: 2:18-cv-00161-APG-NJK

WILLISTON INVESTMENT GROUP LLC, a
Nevada limited liability company; THE
PARKS HOMEOWNERS ASSOCIATION, a
Nevada non-profit corporation,

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Defendants.
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Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff The Bank of New

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York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders CWALT,

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Inc.,

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(hereinafter “BNYM”) and Defendant The Parks Homeowners Association (hereinafter

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“The Parks”) (collectively, the “Parties”), by and through their respective counsel of

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record, hereby stipulate as follows:

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///

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///

Alternative

Loan

Trust

2006-OA10

Mortgage

Page 1 of 3

Pass-Through

Certificates

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1.

On January 29, 2018, Plaintiff BNYM filed its Complaint in this action

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naming The Parks and Williston Investment Group, LLC as defendants related to a

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homeowners association foreclosure sale of real property located at 6770 Cinnabar

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Coast LN, North Las Vegas, NV 89084; APN 124-22-314-028 (hereinafter “Property”).

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2.

The Parties hereby agree that BNYM’s claims against The Parks shall be

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dismissed with prejudice, and BNYM and The Parks shall each bear its own costs and

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fees related to this litigation.

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3.

The Parks asserts that it does not have a current ownership interest in title

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to the Property.

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4.

The Parks specifically reserves its ongoing rights under Nevada law,

Lipson Neilson P.C.

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

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9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] FAX: [phone]

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Conditions and Restrictions (“CC&Rs”).

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5.

This dismissal does not affect any rights, claims or defenses of BNYM or

The Parks with respect to any other party related to the foreclosure sale of the Property.
IT IS SO STIPULATED.

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Dated this 11th day of October, 2018.

Dated this 11th day of October, 2018.

ZIEVE, BRODNAX & STEELE, LLP

LIPSON NEILSON P.C.

/s/ J. Stephen Dolembo
_____________________________

/s/ Amber M. Williams

J. Stephen Dolembo, Esq.
Nevada Bar 9795
9435 West Russell Road, #120
Las Vegas, NV 89148
Attorneys for Plaintiff, The Bank of New York
Mellon f/k/a The Bank of New York, as
Trustee for the Certificateholders CWALT,
Inc., Alternative Loan Trust 2006-OA10
Mortgage Pass-Through
Certificates

_______________________________
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Drive, #120
Las Vegas, Nevada 89144
Attorneys for Defendant, The Parks
Homeowners Association

(electronic signature affixed with permission)

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The Bank of New York Mellon v. Williston Investment Group, LLC
Case No.: 2:18-CV-00161-APG-NJK

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ORDER

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Based on the foregoing stipulation, and good cause appearing,

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IT IS ORDERED that Defendant THE PARKS HOMEOWNERS ASSOCIATION

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is hereby dismissed from this case with prejudice.
IT IS FURTHER ORDERED that Defendant THE PARKS HOMEOWNERS
ASSOCIATION has no present ownership interest in title to the Property.
IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees
and costs.

Lipson Neilson P.C.

IT IS FURTHER ORDERED that this dismissal does not affect any rights,

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9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] FAX: [phone]

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claims or defenses of Plaintiff BNYM or THE PARKS HOMEOWNERS ASSOCIATION

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with respect to any other party related to the foreclosure sale of the Property.

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IT IS SO ORDERED.

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October 11, 2018
Dated: ____________________

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_________________________________________
U.S. DISTRICT COURT OR MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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Submitted By:

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LIPSON NEILSON P.C.

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/s/ Amber M. Williams

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________________________________________
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Drive, #120
Las Vegas, Nevada 89144

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Attorneys for Defendant,
The Parks Homeowners Association
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