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 47

ORDER granting ECF No. 46 Stipulation to Dismiss Defendants Thunder Properties, Inc. and Fallen Leaf Homeowners Association with prejudice. Signed by Judge Robert C. Jones on 6/15/2018. (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
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 W. Russell Rd., Suite 120
Las Vegas, Nevada 89148
[phone]; FAX [phone]
[e-mail]
[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

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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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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.

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

STIPULATION AND ORDER TO
DISMISS DEFENDANTS THUNDER
PROPERTIES, INC. AND FALLEN
LEAF HOMEOWNERS ASSOCIATION

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Defendants.
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Plaintiff CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND

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SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP

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TRUST 3, MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2005-27 (hereinafter

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“Plaintiff”), by and through its attorney of record J. Stephen Dolembo, Esq. of Zieve Brodnax &

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Steele, LLP, Defendant THUNDER PROPERTIES, INC., by and through its attorney of record
Page 1 of 4 Morden

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Timothy E. Rhoda, Esq. of Roger P. Croteau & Associates, Ltd., and Defendant FALLEN LEAF

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HOMEOWNERS ASSOCIATION, by and through its attorney of record Margaret Schmidt, Esq.

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of Tyson & Mendes LLP, hereby stipulate and agree as follows:

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IT IS HEREBY STIPULATED AND AGREED that Defendant Thunder Properties, Inc.
is hereby dismissed WITH PREJUDICE, each party to bear its own fees and costs.
IT IS HEREBY STIPULATED AND AGREED that Defendant Fallen Leaf Homeowners
Association is hereby dismissed WITH PREJUDICE, each party to bear its own fees and costs.
IT IS HEREBY STIPULATED AND AGREED that Defendants other than Thunder
Properties, Inc. and Fallen Leaf Homeowners Association have been previously dismissed from
this action and the Plaintiff’s claims herein have been fully and finally resolved.
IT IS SO STIPULATED AND AGREED.
Dated this _6th____ day of June, 2018.
ZIEVE BRODNAX & STEELE, LLP

ROGER P. CROTEAU & ASSOCIATIES,
LTD.

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/s/J. Stephen Dolembo, Esq.
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 W. Russell Road, Suite 120
Las Vegas, NV 89148
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/Timothy E. Rhoda, Esq.___________
Timothy E. Rhoda, Esq.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Attorneys for Defendant Thunder Properties,
Inc.

TYSON & MENDES LLP

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/s/Margaret E. Schmidt, Esq.____
Margaret E. Schmidt, Esq.
Nevada Bar No. 12489
3960 Howard Hughes Pkwy., Suite 600
Las Vegas, Nevada 89169
Attorneys for Defendant Fallen Leaf
Homeowners Association

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

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ORDER OF DISMISSAL

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On this day the court considered the joint stipulation of dismissal submitted by Plaintiff

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Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, Not in its Individual

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Capacity But as Trustee of ARLP Trust 3 (“Christiana Trust”), Defendant Thunder Properties,

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Inc., and Defendant Fallen Leaf Homeowners Association, and found that the parties' request

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has merit and should be GRANTED. It is therefore,

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ORDERED, ADJUDGED, and DECREED all claims asserted by the parties, or that
could have been asserted by the parties in this case are hereby dismissed with prejudice.

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All costs are to be borne by the party incurring same.

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It is the intent of this court that this final judgment disposes of all claims against all

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parties in the above-styled and -numbered cause and this judgment be, and is, final for all

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purposes, including, but not limited to, appeal.

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IT IS SO ORDERED.

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Dated this ___ day of June, 2018.
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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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Respectfully submitted:

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ZIEVE, BRODNAX & STEELE, LLP

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/s/J. Stephen Dolembo, Esq. ______________
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 W. Russell Rd., Suite 120
Las Vegas, Nevada 89148
[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
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