Wells Fargo Bank, N.A. et al v. Residential Land Corporation of Nevada et al

Filing 26

ORDER granting ECF No. 25 Stipulation for Dismissal without Prejudice of The Meadows Homeowners Association. Signed by Judge Larry R. Hicks on 4/3/2018. (Copies have been distributed pursuant to the NEF - KW)

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Case 3:17-cv-00324-LRH-WGC Document 25 Filed 04/03/18 Page 1 of 3 1 2 3 4 5 6 Jeffrey Willis, Esq. (NV Bar No. 4797) Nathan G. Kanute, Esq. (NV Bar No. 12413) Snell & Wilmer L.L.P. 50 West Liberty Street, Suite 510 Reno, NV 89501-1961 Telephone: (775) 785-5440 Facsimile: (775) 785-5441 Email: jwillis@swlaw.com nkanute@swlaw.com Attorneys for Plaintiffs Nationstar Mortgage LLC and Federal National Mortgage Association 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 NATIONSTAR MORTGAGE LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Snell & Wilmer L.L.P. LAW OFFICES 50 West Liberty Street, Suite 510 Reno, Nevada 89501 775-785-5440 12 Plaintiff, 13 vs. 14 Case No. 3:17-cv-00324-LRH-WGC ORDER APPROVING STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE OF THE MEADOWS HOMEOWNERS ASSOCIATION RESIDENTIAL LAND CORPORATION OF NEVADA; LVDG LLC SERIES 107; THE MEADOWS HOMEOWNERS ASSOCIATION, 15 16 Defendants. 17 18 This Stipulation and Order for Dismissal without Prejudice of the Meadows Homeowners 19 Association (“Stipulation”) is entered into as of the date below by and between Nationstar 20 Mortgage LLC (“Nationstar”) and Federal National Mortgage Association (“Fannie Mae”) and 21 Defendant the Meadows Homeowners Association (“HOA”), by and through their respective 22 counsel of record. The parties hereby stipulate and agree as follows: 23 WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving 24 that real property in Washoe County, Nevada with APN 160-331-19, commonly known as 1207 25 Tule Drive, Reno, Nevada 89521 (the “Property”); 26 27 28 WHEREAS, Nationstar’s predecessor-in-interest and Fannie Mae filed this action on May 22, 2017 and Nationstar alleges several causes of action against the HOA; WHEREAS, the HOA has filed its Answer on July 5, 2017; and 4835-7706-3774.3 Case 3:17-cv-00324-LRH-WGC Document 25 Filed 04/03/18 Page 2 of 3 1 WHEREAS, the HOA disclaims any interest in the Property other than its ongoing rights 2 under Nevada law, including NRS 116, and the governing documents, including the Covenants, 3 Conditions and Restrictions (“CC&Rs”). 4 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that: 5 1. The Complaint can be dismissed without prejudice as to the HOA only, with each 6 party to bear their own fees and costs, and any written discovery pending by and between 7 Nationstar, or its predecessor-in-interest, Fannie Mae, and the HOA is deemed withdrawn. 8 9 10 2. the HOA may allege have expired since the Complaint was filed on May 22, 2017 to the date of this Stipulation, shall be tolled until this litigation is fully and finally resolved. 11 3. The Parties reserve any and all rights, privileges, and defenses under applicable 13 4. The Parties agree that the HOA may be removed from the caption of this matter. 14 Wherefore, the undersigned request this Court enter an Order granting the above L.L.P. LAW OFFICES 50 West Liberty Street, Suite 510 Reno, Nevada 89501 775-785-5440 12 Snell & Wilmer Any statute of limitations for the causes of action asserted against the HOA, which law. 15 stipulation. 16 DATED this 3rd day of April, 2018. DATED this 3rd day of April, 2018. WILSON ELSER SNELL & WILMER L.L.P. By: By: 17 18 19 20 21 22 23 /s/ I-Che Lai (with permission) I-Che Lai, Esq. Nevada Bar No. 012247 300 South 4th Street, 11th Floor Las Vegas, Nevada 89101 Telephone: (702) 727-1400 Facsimile: (702) 727-1401 Attorneys for The Meadows Homeowners Association 24 25 /s/ Nathan Kanute Jeffrey Willis, Esq. Nevada Bar No. 4797 Nathan G. Kanute, Esq. Nevada Bar No. 12413 50 West Liberty Street, Suite 510 Reno, Nevada 89501 Attorneys for Nationstar Mortgage LLC and Federal National Mortgage Association IT IS SO ORDERED 26 27 28 DATED: 4/3/18 UNITED STATES DISTRICT COURT JUDGE -24835-7706-3774.3

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