The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2007-AL1, Mortgage Pass-Through Certificates, Series 2007-AL1 v. Highland Ranch Homeowners Association et al

Filing 59

ORDER DISMISSING CASE granting ECF No. 58 Stipulation of Dismissal. Signed by Judge Larry R. Hicks on 10/2/2019. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:17-cv-00115-LRH-CBC Document 58 Filed 10/01/19 Page 1 of 4

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
AIRMOTIVE INVESTMENTS, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-AL1, MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2007AL1, a New York corporation,

)
)
)
)
)
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)
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Plaintiff, )
)
vs.
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HIGHLAND RANCH HOMEOWNERS
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ASSOCIATION, a Nevada corporation;
)
AIRMOTIVE INVESTMENTS, LLC, a Nevada )
limited liability company; LETICIA RANGEL )
DE LOPEZ, an individual; LUIS LOPEZ)
LANDEROS, an individual; DOES 1 through )
10, inclusive, and ROES 1 through 10,
)
inclusive,
)
)
Defendants. )
)

Case No. 3:17-cv-00115-LRH-CBC

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STIPULATION AND ORDER TO DISMISS
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COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF
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NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC.,
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6185 Arapaho

Case 3:17-cv-00115-LRH-CBC Document 58 Filed 10/01/19 Page 2 of 4

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ALTERNATIVE LOAN TRUST 2007-AL1, MORTGAGE PASS-THROUGH CERTIFICATES

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SERIES 2007-AL1 (“Plaintiff” or “BONY”), and Defendant, AIRMOTIVE INVESTMENTS,

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LLC (“Airmotive”), by and through their undersigned counsel, and hereby stipulate and agree as

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follows:
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The instant action relates to real property commonly known as 6185 Arapaho

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Drive, Sun Valley, Nevada 89433 (the “Property”). The property was the subject

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of a homeowners association lien foreclosure sale (“HOA Foreclosure Sale”).

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The Plaintiff filed the instant action on February 22, 2017, primarily seeking an

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adjudication regarding the force and effect of HOA Foreclosure Sale upon a
security interest held by Plaintiff.

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2.

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On May 29, 2018, an Order was entered dismissing Co-Defendant, Highland
Ranch Homeowners Association from this litigation. [ECF #36].

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3.

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On February 25, 2019, this Court entered an Order granting Plaintiff’s Motion for
Partial Summary Judgment. [ECF #49].

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4.

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On May 20, 2019, this Court entered a default judgment against Co-Defendants,
Leticia Rangel De Lopez and Luis Lopez-Landeros. [ECF #53].

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5.

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On June 10, 2019, Plaintiff and Airmotive filed a Notice of Settlement herein

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[ECF #54], advising the Court that they had resolved all matters at issue between

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them related to the Property and this litigation.
6.

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On June 17, 2019, this Court entered an Order Regarding the Notice of

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Settlement, directing the parties to file a status report or dismissal paperwork

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within 30 days. [ECF #55].
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It took the parties longer than expected to perform their various obligations
associated with their settlement; however, the settlement has now been effected.

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//

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//

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//

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//
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6185 Arapaho

Case 3:17-cv-00115-LRH-CBC Document 58 Filed 10/01/19 Page 3 of 4

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8.

All matters at issue in this litigation having been fully resolved, to the extent that

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this has not already been accomplished, the instant matter shall be DISMISSED in

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its entirety and the matter may be CLOSED, with each party to bear its own fees

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and costs.
1st

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Dated this

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day of October, 2019.

ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN LLP

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/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
Airmotive Investments, LLC

/s/ William S. Habdas

WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
[phone]
[e-mail]
Attorney for Plaintiff
Bank of New York Mellon

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IT IS SO ORDERED.

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DATED this 2nd day of October, 2019.
By:
Judge, U.S. District Court

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Dated:
_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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6185 Arapaho