Bank of New York Mellon vs Thunder Properties, Inc. et al

Filing 94

ORDER approving ECF No. 93 Stipulation to Dismiss Pursuant to Settlement. Signed by Chief Judge Miranda M. Du on 12/11/2019. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6
7

SAO
WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Bank of New York Mellon, F/K/A Bank Of New York, As Trustee, On
Behalf Of The Registered Holders Of Alternative Loan Trust 2007-OA7, Mortgage Pass-Through
Certificates Series 2007-OA7

8

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11
12
13
14

BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK, AS
TRUSTEE, ON BEHALF OF THE
REGISTERED HOLDERS OF
ALTERNATIVE LOAN TRUST 2007-OA7,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2007-OA7,

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

STIPULATION AND ORDER TO
DISMISS PURSUANT TO SETTLEMENT

Claimant,

15
16

Case No.: 3:16-CV-00097-MMD-WGC

vs.
THUNDER PROPERTIES, INC., A Nevada
corporation; SUNRISE VILLAS
CONDOMINIUM HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; E. ALAN TIRAS, ESQ., an
individual and E. ALAN TIRAS, P.C., a
Nevada Professional Corporation,
Respondent.
COME NOW, Plaintiff, BANK OF NEW YORK MELLON F/K/A THE BANK OF
NEW YORK, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF
ALTERNATIVE

LOAN

TRUST

2007-OA7,

MORTGAGE

PASS-THROUGH

CERTIFICATES SERIES 2007-OA7 (“BoNYM”), Defendants, THUNDER PROPERTIES,
INC. (“Thunder”), SUNRISE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION
(“Sunrise”), E. ALAN TIRAS, ESQ. and E. ALAN TIRAS, P.C. (“Tiras”), (collectively, the
Page 1 of 5
Stipulation And Order To Dismiss Pursuant To Settlement (Case no. 3:16-CV-00097-MMD-WGC)

1

“Parties”), by and through their undersigned attorneys hereby stipulate and agree as follows:

2

WHEREAS:

3

1.

The real property which is the subject of this suit is commonly known as a

4

residence commonly known as 1001 Baywood Drive, Unit A, Sparks, Nevada 89434, APN 036-

5

372-23 hereinafter, the “Property”) and is part of the Sunrise Villas Condominium Homeowners

6

Association;

7
8
9
10
11

2.

On February 24, 2016, BoNYM filed a Complaint for Quiet Title and other

claims against Thunder, Sunrise and Tiras;
3.

On August 26, 2019, this Court entered an Order granting BoNYM’s Motion for

Summary Judgment [ECF #82] and a corresponding Final Judgment [ECF #83].
4.

On February 15, 2017, BoNYM and Tiras stipulated to dismissal of the Tiras

12

Defendants without prejudice, and thereupon an Order approving the Stipulation was entered

13

February 16, 2017.

14
15
16

5.

The Parties have now come to a resolution regarding their respective claims and

interests in the Property;
6.

The Parties have executed a settlement agreement, the terms of which are

17

confidential, but under which BoNYM agrees to relinquish its right, title and interest in the

18

Property for agreed-upon consideration;

19

7.

Nothing in this Stipulation should be construed as intended to benefit any party

20

other than BoNYM, Thunder, Sunrise and Tiras, and in particular, shall not constitute a waiver

21

or relinquishment of any claims by BoNYM against the borrower, Danielle Moore

22

(“Borrower”); and

23
24

8.

Each Party shall bear its own fees and costs incurred in this litigation and

settlement.

25

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that

26

BoNYM’s First Amended Complaint against Thunder, Sunrise and Tiras is hereby dismissed in

27

its entirety with prejudice.

28

IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and

Page 2 of 5
Stipulation And Order To Dismiss Pursuant To Settlement (Case no. 3:16-CV-00097-MMD-WGC)

1

Order is intended to be, or will be, construed as an admission of the claims or defenses of the

2

Parties.

3

IT IS FURTHER STIPULATED AND AGREED that this Stipulation and Order is in

4

no way intended to impair the rights of BoNYM (or any of its authorized servicers, agents,

5

investors, affiliates, predecessors, successors, and assigns) to pursue any and all remedies

6

against Borrower, as defined in the Note, that BoNYM (or any of its authorized servicers,

7

agents, investors, affiliates, predecessors, successors, and assigns) may have relating to the

8

Note, including the right to sue Borrower for any deficiency.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 3 of 5
Stipulation And Order To Dismiss Pursuant To Settlement (Case no. 3:16-CV-00097-MMD-WGC)

1
2
3

IT IS FURTHER STIPULATED AND AGREED that each Party shall bear its own
attorney’s fees and costs incurred in this litigation and settlement.
IT IS SO STIPULATED.

4
5
6

Dated this 11th day of December, 2019.

Dated this 11th day of December, 2019.

WRIGHT, FINLAY & ZAK, LLP

ROGER P. CROTEAU &
ASSOCIATES, LTD.

7
8
9
10
11
12

/s/ Dana Jonathon Nitz
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff
Bank of New York Mellon

/s/ Timothy E. Rhoda
/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendant
Thunder Properties, Inc.

13
14
15

LIPSON NEILSON, P.C.

LAXALT & NOMURA, LTD

16

/s/ David T. Ochoa
/s/ David T. Ochoa
DAVID T. OCHOA, ESQ.
Nevada Bar No. 10414
9900 Covington Cross Drive
Suite 120
Las Vegas, NV 89144
702-382-1500
702-382-1512 (fax)
[e-mail]
Attorney for Defendant
Sunrise Villas Condominium Owners
Association

/s/ Holly S. Parker
/s/ Holly S. Parker
HOLLY S PARKER, ESQ.
Nevada Bar No. 10181
9790 Gateway Drive
Suite 200
Reno, NV 89521
775-322-1170
775-322-1865 (fax)
[e-mail]
Attorney for Defendants
E. Alan Tiras Esq. and E. Alan Tiras P.C.

17
18
19
20
21
22
23
24

IT IS SO ORDERED.

25
26

By:

27

Judge, U.S. District Court

28

11th
December
Dated this ___ day of ____________, 2019.

Page 4 of 5
Stipulation And Order To Dismiss Pursuant To Settlement (Case no. 3:16-CV-00097-MMD-WGC)

Case 3:16-cv-00097-MMD-WGC Document 93 Filed 12/11/19 Page 5 of 5

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that I am an employee of WRIGHT, FINLAY & ZAK, LLP; that

3

electronic service of the foregoing STIPULATION AND ORDER TO DISMISS PURSUANT

4

TO SETTLEMENT was made this 11th day of December, 2019 to all parties and counsel as

5

identified on the Court-generated Notice of Electronic Filing.

6
7
8
9

/s/ Lisa Cox
An Employee of WRIGHT, FINLAY & ZAK, LLP

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 5 of 5
Stipulation And Order To Dismiss Pursuant To Settlement (Case no. 3:16-CV-00097-MMD-WGC)