Bank Of New York Mellon v. Highland Ranch Homeowners Association et al

Filing 134

ORDER DISMISSING CASE - The Stipulation of Dismissal (ECF No. 133 ) is granted. All claims as between The Bank of New York Mellon and Defendant Highland Ranch Homeowners Association are dismissed with prejudice. Each party to this stipulation shall bear its own fees and costs. Signed by Judge Robert C. Jones on 1/21/2021. (Copies have been distributed pursuant to the NEF - AB)

Case 3:16-cv-00436-RCJ-WGC Document 134 Filed 01/21/21 Page 1 of 2

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HOLLY S. PARKER (SBN 10181)
RYAN LEARY (SBN 11630)
LAXALT & NOMURA, LTD.
9790 Gateway Drive, Suite 200
Reno, Nevada 89521
T: [phone]
Attorneys for Defendant
HIGHLAND RANCH HOMEOWNERS ASSOCIATION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC. ALTERNATIVE LOAN TRUST 20053CB MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-3CB,

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Plaintiff,

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Case No.: 3:16-cv-00436-RCJ-WGC

ORDER FOR
DISMISSAL WITH PREJUDICE

vs.
HIGHLAND RANCH HOMEOWNERS
ASSOCIATION; KERN & ASSOCIATES,
LTD; TBR 1, LLC; AIRMOTIVE
INVESTMENTS LLC; DOE INDIVIDUALS IX inclusive, and ROE CORPORATIONS I-X,
inclusive,

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff The Bank of

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New York Mellon fka The Bank of New York as Trustee for the Certificateholders CWALT,

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Inc. Alternative Loan Trust 2005-3CB Mortgage Pass Through Certificates, Series 2005-3CB

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(“BoNYM”) and Defendant Highland Ranch Homeowners Association (“Highland Ranch”),

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by and through their respective counsel, that all claims as between BoNYM and Highland

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Ranch shall be dismissed with prejudice. 1

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LAXALT & NOMURA.
ATTORNEYS AT LAW
9790 GATEWAY DRIVE,
SUITE 200
RENO, NEVADA 89521

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The claims asserted by BoNYM against Kern & Associates, Ltd. and against TBR I, LLC were previously
dismissed. See ECF Nos. 17 and 89. Likewise, the claims by BoNYM against Airmotive Investments LLC were
resolved by the Court’s Order addressing the Parties’ competing motions for summary judgment. See ECF No. 116.
As such, this stipulation effectively resolves all remaining claims that are now pending before this Court.

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Case 3:16-cv-00436-RCJ-WGC Document 134 Filed 01/21/21 Page 2 of 2

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Each party to this stipulation shall bear its own fees and costs.

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DATED this 15th day of January, 2021.

DATED this 15th day of January, 2021.

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AKERMAN LLP

LAXALT & NOMURA, LTD.

/s/ Nicholas Belay
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Ryan W. Leary
HOLLY S. PARKER, ESQ.
Nevada Bar No. 10181
RYAN W. LEARY, ESQ.
Nevada Bar No. 11630
9790 Gateway Drive, Suite 200
Reno, NV 89521

Attorneys for The Bank of New York Mellon
fka The Bank of New York as Trustee for the
Certificateholders CWALT, Inc., Alternative
Loan Trust 2005-3CB Mortgage Pass-Through
Certificates, Series 2005-3CB

Attorneys for Highland Ranch
Homeowners Association

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ORDER

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IT IS SO ORDERED:
_________________________________________
UNITED STATES DISTRICT COURT JUDGE
DATED: January 21, 2021.

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LAXALT & NOMURA.
ATTORNEYS AT LAW
9790 GATEWAY DRIVE,
SUITE 200
RENO, NEVADA 89521

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