Wells Fargo Financial Nevada 2, Inc, v. Logan et al

Filing 41

ORDER granting ECF No. 40 Stipulation for Dismissal Without Prejudice of Gayle A. Kern, LTD. Signed by Judge Miranda M. Du on 1/22/2018. (Copies have been distributed pursuant to the NEF - KW)

Case 3:17-cv-00513-MMD-VPC Document 40 Filed 01/19/18 Page 1 of 4

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Robin E. Perkins, Esq. (NV Bar No. 9891)
Adam Tully, Esq. (NV Bar No. 13601)
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702.784.5252
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Wells Fargo
Financial Nevada 2, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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WELLS FARGO FINANCIAL NEVADA 2,
INC., a Nevada Corporation;

Case No.: 3:17-cv-00513-MMD-VPC

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Plaintiff,

STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
OF GAYLE A. KERN, LTD.

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vs.
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DEBORAH LOGAN, an individual; DANIEL
LOGAN, an individual; EAGLE HIGHLANDS
OWNERS ASSOCIATION, a Nevada nonprofit corporation; and GAYLE A. KERN,
LTD., a Nevada professional corporation, d/b/a
Kern & Associates, Ltd.;
Defendants

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Plaintiff Wells Fargo Financial Nevada 2, Inc. (“Wells Fargo”) and Defendant Gayle A.

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Kern, Ltd., dba Kern & Associates, Ltd., (“Kern,” and together with Wells Fargo, the “Parties”),

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by and through their undersigned counsel of record, hereby stipulate and agree as follows:

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WHEREAS, the above-captioned action concerns Defendant Eagle Highlands Owners

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Association’s (“Association”) NRS Chapter 116 foreclosure sale on or about January 14, 2016

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(“Foreclosure Sale”) of that certain real property in Carson City, Nevada with APN 010-311-56,

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commonly known as 46 Condor Circle, Carson City, NV 89701 (the “Property”);

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WHEREAS, Wells Fargo filed its Complaint on August 24, 2017, alleging several causes
of action against Kern; and
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Case 3:17-cv-00513-MMD-VPC Document 40 Filed 01/19/18 Page 2 of 4

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WHEREAS, Kern has never claimed any interest in the Property.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:
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The Complaint is dismissed without prejudice as to Kern only, with each party to

bear its own fees/costs.

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2.

Any statute of limitations for the causes of action which may have expired since

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the Complaint was filed on August 24, 2017, shall be tolled from the date this Stipulation is

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signed by the Parties until the litigation is fully and finally concluded, which shall include any

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appeals and proceedings following remand from an appellate court.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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3.

Except as is set forth in the preceding paragraph, nothing in this Stipulation shall

diminish or affect any defense available to any Party as of the date of this Stipulation, and this
Stipulation shall not be deemed to revive any claim, remedy, and/or cause of action, legal or

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equitable, that is or was already barred as of the date of this Stipulation, nor shall this Stipulation
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create any new claim, remedy, and/or cause of action, legal or equitable, against any Party

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hereto. Nothing in this Stipulation, or in the circumstances that gave rise to this Stipulation shall

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be construed as an acknowledgement by any Party that any claim, remedy, and/or cause of

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action, legal or equitable, has or has not been barred, or is about to be barred, by the statute of

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limitations, laches, or other defense based on the lapse of time.
4.

This Stipulation shall not operate as an admission of liability by any Party.

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Neither this Stipulation nor any action taken pursuant to this Stipulation shall be offered or
received in evidence in any action or proceeding as an admission of liability or wrongdoing by
any Party.
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Within 30 days after this Stipulation is executed by the Court, Kern shall provide

to the Association’s counsel of record the Association’s records, which are in Kern’s possession,
concerning the Association’s NRS Chapter 116 assessment lien foreclosure on the Property for

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production by the Association’s defense counsel in the course of discovery under the Nevada
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Case 3:17-cv-00513-MMD-VPC Document 40 Filed 01/19/18 Page 3 of 4

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Rules of Civil Procedure, subject to any and all applicable objections. Notwithstanding the

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foregoing, Wells Fargo reserves its right to exercise all rights and remedies—including but not

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limited to the rights and remedies set forth in the Federal Rules of Civil Procedure for procuring

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evidence from non-parties—to seek and acquire documents directly from Kern. Likewise, Kern
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reserves any and all rights, remedies, defenses, and objections including, but not limited to,
attorney client and/or work product privilege, to any discovery requests by Wells Fargo.
6.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Upon proper notice by Plaintiff, in accord with the Nevada Rules of Civil

Procedure, Kern shall make available a knowledgeable witness for deposition limited to the
Association’s assessment lien foreclosure sale of the Property, and subject to any and all
applicable objections and privileges. Kern shall be provided 30 days’ notice of the deposition,

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and an opportunity to coordinate with Counterclaimants’ counsel, a mutually convenient time,
date and location of such deposition.
7.

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In regard to Kern’s appearance for depositions, as described in Paragraph 6 herein,

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Kern shall have the same rights, defenses, and remedies as a party to the litigation relative to any

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notice of deposition addressed to Kern. Notwithstanding the foregoing, Wells Fargo reserves its

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right to exercise all rights and remedies—including but not limited to the rights and remedies set

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forth in the Federal Rules of Civil Procedure for compelling the appearance of non-parties for
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deposition and trial—to secure Kern’s appearance for deposition or trial.
8.

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The Parties reserve any and all rights, privileges, and defenses under applicable

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Nothing herein shall be construed as a waiver of the attorney client and/or work

law.

product privileges that exists among and between Kern and the Association, or any other
association client of Kern.

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Case 3:17-cv-00513-MMD-VPC Document 40 Filed 01/19/18 Page 4 of 4

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Wherefore, the undersigned request this Court enter an Order granting the above

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stipulation.

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Dated: January 19, 2018.

Dated: January 19, 2018.

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SNELL & WILMER L.L.P.

KERN & ASSOCIATES, LTD.

By: /s/ Adam Tully
Robin E. Perkins, Esq. (NV Bar No. 9891)
Adam Tully, Esq. (NV Bar No. 13601)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]

By: /s/ Karen Ayarbe
Gayle A. Kern, Esq.
Karen M. Ayarbe, Esq.
5421 Kietzke Lane, Suite 200
Reno, Nevada 89511
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Plaintiff Wells Fargo
Financial Nevada 2, Inc.

Attorneys for Defendant Gayle A. Kern,
Ltd., dba Kern & Associates, Ltd.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE

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DATED:

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4850-5137-9793

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January 22, 2018