Johnson et al v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2006-AA6 and 2006-AA7, by First Ho

Filing 56

ORDER DISMISSING CASE - The Stipulation of Dismissal (ECF No. 55 ) is granted. This action is dismissed with prejudice. Signed by Judge Howard D. McKibben on 10/16/2020. (Copies have been distributed pursuant to the NEF - AB)

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Case 3:19-cv-00131-HDM-CLB Document 55 Filed 10/15/20 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 DONNA M. WITTIG, ESQ. Nevada Bar No. 11015 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: donna.wittig@akerman.com Attorneys for Defendant The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2006-AA6 and 2006-AA7, by First Horizon Home Loans, a Division of First Tennessee Bank National Association, Master Servicer, in its Capacity as Agent for the Trustee Under the Pooling and Servicing Agreement 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 17 KIRK JOHNSON, an individual; GINA JOHNSON, an individual; JOHNSON DEVELOPMENT LLC, a Nevada limited liability company, 20 21 22 23 24 25 26 ORDER GRANTING STIPULATION TO DISMISS ACTION WITH PREJUDICE (FRCP 41(a)(ii)) Plaintiffs, 18 19 Case No.: 3:19-cv-00131-HDM-CLB v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-AA6 AND 2006-AA7, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, and DOES I through X, inclusive, Defendants. 27 28 1 55044679;1 Case 3:19-cv-00131-HDM-CLB Document 55 Filed 10/15/20 Page 2 of 2 1 COME NOW, Plaintiffs Kirk and Gina Johnson and Johnson Development, LLC 2 (hereinafter, “Johnson”), and Defendant Bank of New York Mellon f/k/a the Bank of New York, as 3 Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-through Certificates Series 4 FHAMS 2006-AA6 and 2006-AA7, by First Horizon Home Loans, a Division of First Tennessee 5 Bank National Association, Master Servicer, in its Capacity as Agent for the Trustee under the 6 Pooling and Servicing Agreement (hereinafter, “BoNYM”), by and through their attorneys of record, 7 and hereby stipulate and agree to dismiss the above action with prejudice pursuant to FRCP 8 41(A)(ii). 9 DATED October 15, 2020. 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 15 THE LAW FIRM LLC AKERMAN LLP /s/ Kelly R. Chase KELLY R. CHASE Nevada State Bar # 937 P.O. Box 2800 Minden NV 89423 /s/ Melanie Morgan MELANIE MORGAN, ESQ. Nevada Bar No. 8215 DONNA M. WITTIG, ESQ. Nevada Bar No. 11015 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Attorney for Plaintiffs 16 Attorneys for Defendant The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2006-AA6 and 2006-AA7, by First Horizon Home Loans, a Division of First Tennessee Bank National Association, Master Servicer, in its Capacity as Agent for the Trustee Under the Pooling and Servicing Agreement 17 18 19 20 21 22 23 IT IS SO ORDERED 24 25 26 UNITED STATES DISTRICT JUDGE Case No.: 3:19-cv-00131-HDM-CLB October 16 Dated: __________________, 2020. 27 28 2 55044679;1

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