Bank of New York Mellon v. Saticoy Bay LLC, Series 3409 Flats et al

Filing 14

ORDER Granting 12 Stipulation of Dismissal. IT IS HEREBY ORDERED that all claims against the Falls at Hidden Canyon Homeowners Association are DISMISSED with prejudice, each party to bear its own fees and costs. And because the HOA was the only remaining defendant in this case, the Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 5/21/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-00545-JAD-PAL Document 12 Filed 05/18/18 Page 1 of 5

8

ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar 11310
J. Stephen Dolembo, Esq.
Nevada Bar 9795
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff 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 2006-15

9

UNITED STATES DISTRICT COURT

1
2
3
4
5
6
7

10

FOR THE DISTRICT OF NEVADA

11
12
13
14
15

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 2006-15, a national bank,

18
19
20
21

STIPULATION AND ORDER TO
DISMISS DEFENDANT FALLS AT
HIDDEN CANYON HOMEOWNERS’
ASSOCIATION

Plaintiff,

16
17

CASE NO.: 2:18-CV-00545-JAD-PAL

ECF No. 12

vs.
SATICOY BAY LLC, SERIES 3409 FLATS,
a Nevada limited liability company; FALLS
AT HIDDEN CANYON HOMEOWNERS
ASSOCIATION, a Nevada non-profit co-op
corporation,
Defendants.

22
23

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

24

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

25

Asset-Backed Certificates, Series 2006-15 (hereinafter “BNYM”) and Defendant Falls at Hidden

26

Canyon Homeowners’ Association (hereinafter “Falls at Hidden Canyon”) (collectively, the

27

“Parties”), by and through their respective counsel of record, hereby stipulate as follows:

28
Page 1 of 5 Hwang

Case 2:18-cv-00545-JAD-PAL Document 12 Filed 05/18/18 Page 2 of 5

1

1. On March 26, 2018, Plaintiff BNYM filed its Complaint in this action naming Falls at

2

Hidden Canyon and other parties as defendants related to a homeowners association

3

foreclosure sale of real property located at 3409 Flats Way, North Las Vegas, Nevada

4

89113; APN 139-09-313-033 (hereinafter “Property”).

5

2. The Parties hereby agree that BNYM’s claims against Falls at Hidden Canyon shall be

6

dismissed with prejudice, and BNYM and Falls at Hidden Canyon shall each bear its own

7

costs and fees related to this litigation.

8

3. Falls at Hidden Canyon asserts that it does not have a current ownership interest in title to

9

the Property.

10
11

4. Falls at Hidden Canyon specifically reserves its ongoing rights under Nevada law,

12

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

13

Conditions and Restrictions (“CC&Rs”).

14
15

///

16

///

17
18
19
20
21
22
23

///
///
///
///
///

24
25
26

///
///

27
28

///
Page 2 of 5 Hwang

Case 2:18-cv-00545-JAD-PAL Document 12 Filed 05/18/18 Page 3 of 5

1

5. This dismissal does not affect any rights, claims or defenses of BNYM or Falls at Hidden

2

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

3
4
5
6

IT IS SO STIPULATED.
DATED this __18th__ day of May, 2018.
ZIEVE, BRODNAX & STEELE, LLP

TYSON & MENDES, LLP

7
8
9
10
11
12
13
14
15

__/s/J. Stephen Dolembo, Esq.____
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff 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 2006-15

_/s/Margaret E. Schmidt, Esq._______
Thomas E. McGrath, Esq.
Nevada Bar No. 7086
Margaret E. Schmidt, Esq.
Nevada Bar No. 12489
3960 Howard Hughes Pkwy, Ste. 600
Las Vegas, Nevada 89169
Attorney for Falls at hidden Canyon
Homeowners Association

16
17
18
19
Case No.: 2:18-CV-00545-JAD-PAL

20
21

ORDER

22
23
24
25
26
27
28

Based Based on the foregoing stipulation, and good cause appearing, the Falls at Hidden
on the stipulation of counsel for Bank of New York Mellon and
Canyon Homeowners Association [12], IT FALLS AT HIDDEN CANYONclaims against
IT IS ORDERED that Defendant IS HEREBY ORDERED that all HOMEOWNERS’
the Falls at Hidden Canyon Homeowners Association are DISMISSED with prejudice,
ASSOCIATION is its own dismissed from this case withthe HOA was the only remaining
each party to bear hereby fees and costs. And because prejudice.
defendant in this case, the Clerk of Court is directed to CLOSE THIS C
CLOSE
CASE.
d C
IT IS FURTHER ORDERED that Defendant FALLS AAT HIDDEN CANYON
__________________
_
_
_
HOMEOWNERS’ ASSOCIATION has no _________________________________
present ownership interest in_title to the Property.
U.S. District Judge Jennifer A. D
ct Judg Jennifer A Dorsey
Judge
fe r
Dated: May 21, 2018
Page 3 of 5 Hwang