Nationstar Mortgage LLC v. Ravenstar Investments, LLC et al

Filing 137

ORDER granting ECF No. 136 Stipulation of Dismissal : Nationstar and Highland Ranch stipulate and agree that all claims in this matter asserted by Nationstar against Highland Ranch are dismissed with prejudice, each party to bear its own attorneys' fees and costs. Signed by Chief Judge Miranda M. Du on 4/20/2021. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: scott.lachman@akerman.com Attorneys for plaintiff and counter-defendant Nationstar Mortgage LLC UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 NATIONSTAR MORTGAGE LLC, 12 Case No.: 3:16-cv-00638-MMD-WGC Plaintiff, 13 vs. 14 RAVENSTAR INVESTMENTS, LLC; NICHOLAS HEATHMAN; HIGHLAND RANCH HOMEOWNERS ASSOCIATION; and GAYLE A. KERN & ASSOCIATES, LTD., d/b/a KERN & ASSOCIATES, LTD., 15 16 17 Defendants. 18 RAVENSTAR INVESTMENTS, NICHOLAS HEATHMAN, 19 20 21 vs. NATIONSTAR MORTGAGE LLC, Counterdefendant. RAVENSTAR INVESTMENTS, LLC, 24 25 26 27 and Counterclaimants, 22 23 LLC Crossclaimant, vs. HIGHLAND RANCH ASSOCIATION, HOMEOWNERS Cross-defendant. 28 56716191;1 STIPULATION TO DISMISS NATIONSTAR MORTGAGE LLC'S CLAIMS AGAINST HIGHLAND RANCH HOMEOWNERS ASSOCIATION 1 2 Plaintiff and counter-defendant Nationstar Mortgage LLC and defendant and cross-defendant Highland Ranch Homeowners Association stipulates as follows: 3 4 1. 89433, APN No. 508-301-11 (the property). 5 6 The matter relates to real property located at 6453 Caddo Court, Sun Valley, Nevada 2. Nationstar is the beneficiary of record of a deed of trust encumbering the property recorded with the Washoe County Recorder on April 30, 2004, as Document No. 3031311. 7 3. On April 16, 2013, Highland Ranch recorded a deed in foreclosure of assessment lien 8 with the Washoe County Recorder, as Document No. 4226799, reflecting Highland Ranch purchased 9 the property at a foreclosure sale held on or about April 10, 2013 (the foreclosure deed). AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 4. Nationstar and Highland Ranch have entered into a confidential settlement agreement in which they have settled all claims between them in this case. 12 5. Highland Ranch also agrees that Nationstar does not waive its right to seek relief 13 against the non-settling parties, including but not limited to defendant and counterclaimant 14 Ravenstar Investments, LLC, related to its remaining claims in this action. Nationstar does not 15 admit the deed of trust was extinguished, and any consideration exchanged for the dismissal of the 16 claims against Highland Ranch is not intended to be compensation for any loss of the deed of trust, 17 but instead compensates Nationstar for fees incurred in litigating the propriety and effect of 18 Highland Ranch's foreclosure sale and related conduct. 19 6. Nationstar and Highland Ranch further stipulate and agree that all claims in this 20 matter asserted by Nationstar against Highland Ranch are dismissed with prejudice, each party to 21 bear its own attorneys' fees and costs. 22 … 23 … 24 … 25 … 26 … 27 … 28 … 2 56716191;1 1 2 7. stipulation. 3 4 Nationstar and Highland Ranch request the court enter an order approving this DATED: April 20, 2019 AKERMAN LLP LAXALT & NOMURA, LTD. /s/ Scott R. Lachman MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 SCOTT R. LACHMAN, ESQ. Nevada Bar. No. 12016 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 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, Nevada 89521 Attorneys for plaintiff and counter-defendant Nationstar Mortgage LLC Attorney for defendant and cross-defendant Highland Ranch Community Association 5 6 7 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 ORDER 13 IT IS SO ORDERED. 14 _________________________________________ UNITED STATES DISTRICT JUDGE 15 16 17 DATED: 18 19 20 21 22 23 24 25 26 27 28 3 56716191;1 April 20, 2021

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