Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 v. Thunder Properties, Inc. et al

Filing 34

ORDER granting nunc pro tunc ECF No. 31 Stipulation to Dismiss with Prejudice Defendant the Clarkson Law Group, P.C. with prejudice. Signed by Judge Robert C. Jones on 8/31/2017. (Copies have been distributed pursuant to the NEF - KW)

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ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar No. 11310
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
[phone]; FAX [phone]
[e-mail]
Attorneys for Plaintiff Christiana Trust, a Division of Wilmington Savings Fund Society, FSB,
Not in its Individual Capacity But as Trustee of ARLP Trust 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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CHRISTIANA TRUST, A DIVISION OF
WILMINGTON SAVINGS FUND SOCIETY,
FSB, NOT IN ITS INDIVIDUAL CAPACITY
BUT AS TRUSTEE OF ARLP TRUST 3, a
national bank,
Plaintiff,

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Case No.: 3:17-cv-00089-RCJ-VPC

STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE
DEFENDANT THE CLARKSON LAW
GROUP, P.C.

vs.
THUNDER PROPERTIES, INC., a Nevada
corporation; THE CLARKSON LAW GROUP,
P.C., a Nevada professional corporation;
FALLEN
LEAF
HOMEOWNERS
ASSOCIATION, a Nevada corporation; PAUL
E. MORDEN, an individual; CHERYL L.
MORDEN, an individual; DOES 1 through 10,
inclusive, and ROES 1 through 10, inclusive.

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Defendants.

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Plaintiff CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND
SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP
TRUST 3, MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2005-27 (hereinafter
“Plaintiff”), by and through its attorney of record Shadd A. Wade, Esq. of the law firm of Zieve
Brodnax & Steele, LLP and Defendant THE CLARKSON LAW GROUP, P.C. ( “Clarkson”),
by and through its attorney of record James B. Fairbanks, Esq., hereby stipulate and agree as
follows:

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Page 1 of 3

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IT IS HEREBY STIPULATED AND AGREED that Defendant Clarkson is hereby
dismissed WITH PREJUDICE, each party to bear its own fees and costs.
IT IS HEREBY STIPULATED AND AGREED that Defendant Clarkson’s Motion for
Judgment on the Pleadings [ECF 30] is withdrawn as moot.
IT IS FURTHER STIPULATED AND AGREED that Clarkson will retain the excess

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proceeds from the HOA lien foreclosure sale of the property known as 17000 Wedge Parkway

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#521, Reno, Nevada 89511, conducted on behalf of Fallen Leaf Homeowners Association on

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June 9, 2015, until the conclusion of this litigation and a determination as to whether Plaintiff’s

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Deed of Trust was extinguished. At that time, Plaintiff’s counsel will notify Clarkson of the

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outcome, and of any claim Plaintiff may have to the excess proceeds.
IT IS SO STIPULATED AND AGREED.
Dated this _31st__ day of August, 2017.

Dated this _31st__ day of August, 2017.

ZIEVE BRODNAX & STEELE, LLP

THE CLARKSON LAW GROUP, P.C.

/s/Shadd A. Wade, Esq.
Shadd A. Wade, Esq.
Nevada Bar No. 11310
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Attorneys for Plaintiff Christiana Trust, a
Division of Wilmington Savings Fund Society,
FSB, Not in its Individual Capacity But as
Trustee of ARLP Trust 3

/s/James B. Fairbanks, Esq.____________
James B. Fairbanks, Esq.
Nevada Bar No. 7330
2300 West Sahara Avenue, Suite 950
Las Vegas, Nevada 89102
Attorneys for Defendant The Clarkson Law
Group P.C.

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Case No.: 3:17-cv-00089-RCJ-VPC

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ORDER

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Based upon the foregoing Stipulation by and between the parties, and good cause

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appearing, IT IS HEREBY ORDERED that Clarkson Law Group, P.C. is dismissed with

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prejudice, each party to bear its own fees and costs.

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Nunc Pro Tunc:
DATED:____________
August 31, 2017.

_________________________________
DISTRICT COURT JUDGE

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Respectfully submitted,
ZIEVE BRODNAX & STEELE, LLP

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/s/Shadd A. Wade, Esq.
Shadd A. Wade, Esq.
Nevada Bar No. 11310
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Attorneys for Plaintiff Christiana Trust, a Division of Wilmington Savings Fund Society, FSB,
Not in its Individual Capacity But as Trustee of ARLP Trust 3

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