Robert A. Slovak vs Golf Course Villas Homeowners Association, et al
Filing
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ORDER that Mr. Slovak deposit $280,000 with the Clerk of Court, to be deposited in an interest-bearing account, within sixty (60) days of the date of this order. Signed by Magistrate Judge Carla Baldwin on 3/2/2020. (Copies have been distributed pursuant to the NEF - LW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT A. SLOVAK,
Plaintiff,
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3:13-cv-00569-MMD-CBC
v.
ORDER
GOLF COURSE VILLAS HOMEOWNERS
AOSSICATION, et al.,
Defendants.
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Plaintiff Robert A. Slovak (“Slovak”) filed this lawsuit in 2013 seeking quiet title
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and declaratory relief related to a condominium properly located in Incline Village,
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Nevada. After several years of litigation, a settlement was reached between the Wells
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Fargo and Slovak in June 2014. Pursuant to the terms of the agreement, Mr. Slovak
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agreed to pay Wells Fargo $280,000. In return, Wells Fargo agreed to provide Mr.
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Slovak with the deed of trust, the note, and to reconvey the property to him. To date,
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over five years later, the terms of that settlement agreement have yet to be
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consummated. The primary contention between the parties remains the issue of whether
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the documents tendered by Wells Fargo, are, in fact, the original note and deed of trust
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required to be delivered pursuant to the terms of the parties’ agreement. However, given
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the significant time that has elapsed between when the parties entered into the
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settlement agreement and today, it is unclear whether the parties can finalize the terms
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of that agreement in the event the court orders them to do so.
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Wells Fargo has tendered documents that it asserts are the original documents.
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Therefore, Wells Fargo has established that it is ready, willing and able to finalize the
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terms of the settlement agreement upon an order of the court to do so. The same cannot
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be said of Mr. Slovak.
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Therefore, prior to re-scheduling the previously vacated bifurcated hearing
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related to whether the documents tendered by Wells Fargo are the “originals” or
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considering any further litigation related to enforcement of the parties’ settlement
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agreement, the again court orders Mr. Slovak to deposit $280,000 with the Clerk of Court
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within sixty (60) days of this order to establish that he is ready, willing and able to finalize
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the terms of the parties’ settlement agreement. These funds will be deposited into an
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interest-bearing account and will be held until a resolution is reached on the issues
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surrounding the originality of the documents in question and whether the settlement will
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be enforced. Upon receipt of proof that Mr. Slovak has deposited the funds as ordered or
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the filing of a document by Mr. Slovak stating that cannot comply with the court’s order,
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the court will set a status conference with the parties to determine the next steps in this
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litigation.
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IT IS THEREFORE ORDERED that Mr. Slovak deposit $280,000 with the Clerk of
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Court, to be deposited in an interest-bearing account, within sixty (60) days of the date of
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this order.
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DATED: March 2, 2020.
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______________________________________
UNITED STATES MAGISTRATE JUDGE
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