Deutsche Bank National Trust Company v. Peppertree Homeowners Association et al

Filing 46

ORDER Granting 40 Stipulation of Dismissal as to Tow Properties, LLC, V with prejudice. Signed by Judge Kent J. Dawson on 6/14/2019. (Copies have been distributed pursuant to the NEF - SLD)

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ZIEVE, BRODNAX & STEELE, LLP
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 West Russell Road, Suite 120
Las Vegas, NV 89148
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for Morgan Stanley
Home Equity Loan Trust 2006-1

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY HOME EQUITY LOAN TRUST
2006-1, a national bank,

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STIPULATION AND ORDER TO
DISMISS TOW PROPERTIES, LLC, V

Plaintiff,
vs.
PEPPERTREE
HOMEOWNERS
ASSOCIATION, a Nevada corporation; TOW
PROPERTIES, LLC V, a Nevada non-profit coop corporation,
Defendants.
TOW PROPERTIES, LLC V, a Nevada nonprofit co-op corporation,

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Case No.: 2:18-CV-00619-KJD-NJK

Counterclaimant,
vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY HOME EQUITY LOAN TRUST
2006-1, a national bank; PEPPERTREE
HOMEOWNERS ASSOCIATION, a Nevada
corporation,
Counter-defendants.

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Page 1 of 5

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

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Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2006-1 (hereinafter “Deutsche

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Bank”) and Defendant Tow Properties, LLC V (hereinafter “Tow Properties”) (collectively, the

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

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1. On April 6, 2018, Plaintiff Deutsche Bank filed its Complaint in this action naming

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Peppertree and Tow Properties, LLC V as defendants related to a homeowners association

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foreclosure sale of real property located at 1865 Avacado Court, Henderson, NV 89014;

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(APN: 178-05-614-036) (hereinafter “Property”).

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2. Deutsche Bank’s claims against Peppertree were dismissed by way of Stipulation and

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Order filed on February 27, 2019. [ECF No. 36].

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3. On May 14, 2018, Tow Properties filed a Counterclaim against Deutsche Bank and

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Peppertree. [ECF No.11}

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4. The Parties hereby agree that Deutsche Bank’s claims against Tow Properties shall be

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dismissed with prejudice.

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5. Deutsche Bank asserts that it does not have a current ownership interest in the title of the

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Property.
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Page 2 of 5

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6. This dismissal does not affect any rights, claims or defenses of Deutsche Bank or Tow

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

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IT IS SO STIPULATED.

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DATED this ___11th__ day of June, 2019.
ZIEVE, BRODNAX & STEELE, LLP

LEE, HERNANDEZ, LANDRUM &
CARLSON

__/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 Deutsche Bank
National Trust Company, as Trustee for
Morgan Stanley Home Equity Loan Trust
2006-1

__/s/_Elizabeth C. Spaur, Esq._________
Elizabeth C. Spaur, Esq.
Nevada Bar No. 10446
7575 Vegas Dr., Suite 150
Las Vegas, NV 89128
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant Tow Properties,
LLC V

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Case No.: 2:18-cv-00619-KJD-NJK

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ORDER

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Based on the foregoing stipulation, and good cause appearing,
IT IS ORDERED that Defendant TOW PROPERTIES, LLC V is hereby dismissed from
this case with prejudice.
IT IS FURTHER ORDERED that Plaintiff DEUTSCHE BANK has no interest in the
title of the Property.
IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees and costs.

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Page 3 of 5

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

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defenses of Plaintiff DEUTSCHE BANK or TOW PROPERTIES, LLC V with respect to any

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other party related to the foreclosure sale of the Property.

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IT IS SO ORDERED.

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June
DATED this 14th day of __________ 2019.
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U.S. DISTRICT COURT JUDGE

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Respectfully submitted:

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ZIEVE, BRODNAX & STEELE, LLP
/s/J. Stephen Dolembo, Esq. ______________
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 W. Russell Rd., Suite 120
Las Vegas, Nevada 89148
[e-mail]
Attorneys for Plaintiff

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Page 4 of 5

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

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that service of the foregoing STIPULATION AND ORDER TO DISMISS TOW

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PROPERTIES, LLC V was made on the _11th_ day of June, 2019, by electronic service to all

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parties and counsel as identified on the Court-generated Notice of Electronic Filing.

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HOA LAWYERS GROUP, LLC
Steven T. Loizzi, Jr., Esq.
9500 W. Flamingo, Suite 204
Las Vegas, Nevada 89147
[e-mail]
Attorney for Defendants, PEPPERTREE HOMEOWNERS ASSOCIATION

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LEE, HERNANDEZ, LANDRUM & CARLSON, APC
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
[e-mail]
[e-mail]
Attorneys for Defendant, TOW PROPERTIES, LLC V

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_/s/Sara Hunsaker______________
An employee of ZIEVE, BRODNAX &
STEELE, LLP

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