Federal National Mortgage Association v. Arriba et al

Filing 32

ORDER granting 31 Stipulation of Dismissal; Signed by Judge James C. Mahan on 12/27/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00399-JCM-CWH Document 31 Filed 12/21/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana J. Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV, 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Federal National Mortgage Association

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,

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Case No.: 2:18-cv-00399-JCM-CWH
STIPULATION AND ORDER FOR
FINAL JUDGMENT AND DISMISSAL

vs.
EVA ARRIBA; and PECOS ESTATES
HOMEOWNERS ASSOCIATION,
Defendants.
COME NOW Plaintiff Federal National Mortgage Association (“Fannie Mae”), by and

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through its counsel of record, Dana Jonathon Nitz, Esq. and Christina V. Miller, Esq., of the law
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firm Wright, Finlay & Zak, LLP, and Defendant Pecos Estates Homeowners Association (the
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“HOA”), by and through its counsel of record, Thomas E. McGrath, Esq. and Christopher A.

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Lund, Esq., of the law firm Tyson & Mendes LLP, and hereby stipulate and agree as follows:
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WHEREAS, March 5, 2018, Fannie Mae filed its Complaint against Defendant Eva
Arriba (“Arriba”) and the HOA, asserting the following causes of action: (1) Declaratory Relief

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Under 12 U.S.C. § 4617(j)(3) (against Arriba only); (2) Quiet Title Under 12 U.S.C. § 4617(j)(3)
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(against Arriba only); (3) Declaratory Relief Under Amendments V and XIV to the United States
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Constitution (against Arriba only); (4) Quiet Title Under Amendments V and XIV to the United
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States Constitution (against Arriba and the HOA); (5) Permanent and Preliminary Injunction
(against Arriba only); (6) Unjust Enrichment (against Arriba and the HOA); (7)
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Page 1 of 3

Case 2:18-cv-00399-JCM-CWH Document 31 Filed 12/21/18 Page 2 of 3

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Wrongful/Defective Foreclosure (against the HOA only); (8) Negligence (against the HOA

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only); (9) Negligence Per Se (against the HOA only); (10) Breach of Contract (against the HOA

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only); (11) Misrepresentation (against the HOA only); and (12) Breach of the Covenant of Good

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Faith and Fair Dealing (against the HOA only).

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WHEREAS, Arriba failed to answer or otherwise respond to the Complaint. On

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September 12, 2018, Default was entered against Arriba [ECF No. 24] and, on December 17,

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2018, Default Judgment was entered against Arriba. ECF No. 30.

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WHEREAS, on May 29, 2018, the HOA filed a Motion to Dismiss [ECF No. 10], which
was subsequently granted, and Fannie Mae’s seventh, eighth, ninth, tenth, eleventh and twelfth
causes of action were dismissed against the HOA.
WHEREAS, Fannie Mae’s fourth and sixth causes of action remain pending against the

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HOA.

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IT IS HEREBY STIPULATED AND AGREED that the Deed of Trust recorded against

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the Property on June 26, 2003, in the official records of the Clark County Recorder’s Office as

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Instrument Number 20030626-0003187 (“Deed of Trust”), was not extinguished by the

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homeowner’s association foreclosure sale on March 5, 2014, but remains a valid encumbrance

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against the Property and Arriba’s interest in the Property remains subject to that Deed of Trust.

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IT IS FURTHER STIPULATED AND AGREED that the HOA shall not challenge any

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foreclosure pursuant to the Deed of Trust and shall not take any action to delay and/or enjoin

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such foreclosure.

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Case 2:18-cv-00399-JCM-CWH Document 31 Filed 12/21/18 Page 3 of 3

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IT IS FURTHER STIPULATED AND AGREED that Fannie Mae hereby dismisses its

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remaining causes of action against the HOA, with each party to bear its own fees and costs.

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DATED this 21st day of December, 2018.

DATED this 21st day of December, 2018.

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WRIGHT, FINLAY & ZAK, LLP

TYSON & MENDES, LLP

/s/ Christina V. Miller
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV, 89117
Attorneys for Plaintiff Federal
National Mortgage Association

/s/ Christopher A. Lund
Christopher A. Lund, Esq.
Nevada Bar No. 12435
3960 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169
Attorneys for Defendant Pecos Estates
Homeowners Association

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IT IS SO ORDERED.

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December 27, 2018.
DATED this __ day of ____________________, 201_.

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___________________________________
UNITED STATES DISTRICT JUDGE

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