Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC et al

Filing 26

ORDER granting 25 Stipulation of Dismissal with prejudice as to Springs at Centennial Ranch HOA; Signed by Judge James C. Mahan on 11/14/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00597-JCM-VCF Document 25 Filed 11/02/18 Page 1 of 4

1
2
3
4
5
6
7
8

ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar No. 11310
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 West Russell Road, Suite 120
Las Vegas, NV 89148
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for FFMLT Trust
2005-FF8, Mortgage Pass-Through Certificates, Series 2005-FF8

9
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

10
11
12
13
14

DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR FFMLT
TRUST 2005-FF8, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005FF8, a national bank,
Plaintiff,

15
16
17
18
19

CASE NO.: 2:18-cv-00597-JCM-VCF

STIPULATION AND ORDER TO
DISMISS DEFENDANT SPRINGS AT
CENTENNIAL RANCH
HOMEOWNERS ASSOCIATION

vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; SPRINGS
AT CENTENNIAL RANCH
HOMEOWNERS ASSOCIATION, a Nevada
non-profit co-op corporation,

20
Defendants.
21
22
23

Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Deutsche Bank National

24

Trust Company, as Trustee for FFMLT Trust 2005-FF8, Mortgage Pass-Through Certificates,

25

Series 2005-FF8 (hereinafter “Deutsche Bank”) and Defendant Springs at Centennial Ranch

26

Homeowners Association (hereinafter “Springs at Centennial Ranch”) (collectively, the

27

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

28

Page 1 of 4

Case 2:18-cv-00597-JCM-VCF Document 25 Filed 11/02/18 Page 2 of 4

1

1. On April 3, 2018, Plaintiff Deutsche Bank filed its Complaint in this action naming

2

Springs at Centennial Ranch and SFR Investments Pool 1, LLC as defendants related to a

3

homeowners association foreclosure sale of real property located at 1013 Echo Beach

4

Avenue, North Las Vegas, NV 89086; APN 124-23-413-038 (hereinafter “Property”).

5

2. The Parties hereby agree that Deutsche Bank’s claims against Springs at Centennial

6

Ranch shall be dismissed with prejudice, and Deutsche Bank and Springs at Centennial

7

Ranch shall each bear its own costs and fees related to this litigation.

8
9

3. Springs at Centennial Ranch asserts that it does not have a current ownership interest in
title to the Property.

10

4. Springs at Centennial Ranch specifically reserves its ongoing rights under Nevada law,

11

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

12

Conditions and Restrictions (“CC&Rs”).

13

5. This dismissal does not affect any rights, claims or defenses of Deutsche Bank or Springs

14

at Centennial Ranch with respect to any other party related to the foreclosure sale of the

15

Property.

16

IT IS SO STIPULATED.

17

DATED this ___2nd day of November, 2018.

18
19
20
21
22
23
24
25
26
27
28

ZIEVE, BRODNAX & STEELE, LLP

LEACH KERN GRUCHOW ANDERSON
SONG

__/s/J. Stephen Dolembo, Esq.____
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 West Russell Road, Suite 120
Las Vegas, Nevada 89148
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff The Bank of New York
Mellon FKA The Bank of New York, as
Trustee for the Certificateholders of the
CWABS, Inc., Asset-Backed Certificates,
Series 2006-14

_/s/Ryan W. Reed, Esq._______
Ryan W. Reed, Esq.
Nevada Bar No. 11695
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorney for Springs at Centennial Ranch
Homeonwers Association

Page 2 of 4

Case 2:18-cv-00597-JCM-VCF Document 25 Filed 11/02/18 Page 3 of 4

1

Case No.: 2:18-CV-00597-JCM-VCF

2
ORDER

3
4

Based on the foregoing stipulation, and good cause appearing,

5
6

IT

11
12
13
14

that

Defendant  SPRINGS

AT

CENTENNIAL

RANCH

IT IS FURTHER ORDERED that Defendant SPRINGS AT CENTENNIAL RANCH
HOMEOWNERS ASSOCIATION has no present ownership interest in title to the Property.

9
10

ORDERED

HOMEOWNERS ASSOCIATION is hereby dismissed from this case with prejudice.

7
8

IS

IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees and
costs.
IT IS FURTHER ORDERED that this dismissal does not affect any rights, claims or
defenses of Plaintiff DEUTSCHE BANK or SPRINGS AT CENTENNIAL RANCH
HOMEOWNERS ASSOCIATION with respect to any other party related to the foreclosure sale
of the Property.

15
16

IT IS SO ORDERED.

17
18
19

DATED this ___ day 14,__________ 2018.
November of 2018.

20
21
22

U.S. DISTRICT COURT OR MAGISTRATE JUDGE

23
24
25
26
27
28

Page 3 of 4

Case 2:18-cv-00597-JCM-VCF Document 25 Filed 11/02/18 Page 4 of 4

1
2

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am an employee of ZIEVE, BRODNAX & STEELE, LLP

3

and that service of the foregoing STIPULATION AND ORDER TO DISMISS DEFENDANT

4

SPRINGS AT CENTENNIAL RANCH HOMEOWNERS ASSOCIATION was made on the

5

__2nd__ day of November, 2018 to all counsels identified on the CM/ECF notification system.

6
7
8

LEACH KERN GRUCHOW ANDERSON SONG
2525 Box Canyon Drive
Las Vegas, NV 89128
Attorney for Defendant Sierra Ranch Homeowners Association

9
10
11
12

DIANA S. EBRON, ESQ.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Attorney for SFR Investments Pool 1, LLC

13
14
15

/s/ Sara Hunsaker
An Employee of ZIEVE, BRODNAX & STEELE, LLP

16
17
18
19
20
21
22
23
24
25
26
27
28

Page 4 of 4