Robert A. Slovak vs Golf Course Villas Homeowners Association, et al

Filing 282

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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