Bank of New York Mellon v. Washington et al

Filing 30

ORDER granting 29 Stipulation of Dismissal with prejudice of Sevilla Homeowners Association; Signed by Judge James C. Mahan on 8/30/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00513-JCM-NJK Document 29 Filed 08/29/18 Page 1 of 2

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Sheri M. Thome, Esq.
Nevada Bar No. 008657
I-Che Lai, Esq.
Nevada Bar No. 012247
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Sevilla 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 F/K/A
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2006-13,

Case No.

2:18-cv-00513-JCM-NJK

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Plaintiff,
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vs.
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SHEILA WASHINGTON, an individual; LISA
FEARS, an individual; SEVILLA
HOMEOWNERS ASSOCIATION, a Nevada
Non-Profit Corporation,
Defendants.

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STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANT SEVILLA
HOMEOWNERS ASSOCIATION WITH PREJUDICE

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Pursuant to Fed. R. Civ. P. 41(a), Plaintiff The Bank of New York Mellon f/k/a The Bank of

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New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates,

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Series 2006-13 and Defendant Sevilla Homeowners Association (the “HOA”)—the only parties who

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entered an appearance in this case—stipulate to a dismissal of all claims against the HOA with

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prejudice and with all parties to bear their own fees and costs. The following sets forth the basis for

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the dismissal:

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1.

On March 20, 2018, Plaintiff filed its complaint in this action naming the HOA and

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other parties as defendants. This action arose from the HOA’s foreclosure sale of real property

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located at 3135 South Mojave Road, Building 10, # 103, Las Vegas, NV 89121 (the “Property”).
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Case 2:18-cv-00513-JCM-NJK Document 29 Filed 08/29/18 Page 2 of 2

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2.

The HOA does not have a current ownership interest in title to the Property.

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3.

The HOA specifically reserves its ongoing rights under Nevada law, including

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Chapter 116 of the Nevada Revised Statutes, and its governing documents, including a declaration of

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Covenants, Conditions and Restrictions and Reservation of Easements for Sevilla, recorded on May

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17, 2006 with the Clark County Recorder’s office as instrument number 20060517-0000545.

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4.

This dismissal does not affect any rights, claims, or defenses of Plaintiff or the HOA

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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UNITED STATES DISTRICT JUDGE

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DATED:

August 30, 2018

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DATED: August 29, 2018

DATED: August 29, 2018

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/s/ J. Stephen Dolembo
Shadd A. Wade, Esq.
Nevada Bar No. 11310
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
ZIEVE BRODNAX & STEELE, LLP
9435 W. Russell Rd, Suite 120
Las Vegas, Nevada 89148

/s/ I-Che Lai
Sheri M. Thome, Esq.
Nevada Bar No. 008657
I-Che Lai, Esq.
Nevada Bar No. 12247
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101

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Attorneys for Plaintiff
Attorneys for Attorneys for Defendant Sevilla
Homeowners Association

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