Filed: Feb. 08, 2019
Latest Update: Feb. 08, 2019
Summary: STIPULATION AND ORDER TO DISMISS DEFENDANT MONACO LANDSCAPE MAINTENANCE ASSOCIATION, INC. ECF No. 35 JENNIFER A. DORSEY , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff The Bank of New York Mellon fka The Bank of New York, as trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, Series 2007-10 (hereinafter "BNYM") and Defendant Monaco Landscape Maintenance Association, Inc. (hereinafter "MONACO"), (collectively, the "Parties"), by and t
Summary: STIPULATION AND ORDER TO DISMISS DEFENDANT MONACO LANDSCAPE MAINTENANCE ASSOCIATION, INC. ECF No. 35 JENNIFER A. DORSEY , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff The Bank of New York Mellon fka The Bank of New York, as trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, Series 2007-10 (hereinafter "BNYM") and Defendant Monaco Landscape Maintenance Association, Inc. (hereinafter "MONACO"), (collectively, the "Parties"), by and th..
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STIPULATION AND ORDER TO DISMISS DEFENDANT MONACO LANDSCAPE MAINTENANCE ASSOCIATION, INC.
ECF No. 35
JENNIFER A. DORSEY, District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff The Bank of New York Mellon fka The Bank of New York, as trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, Series 2007-10 (hereinafter "BNYM") and Defendant Monaco Landscape Maintenance Association, Inc. (hereinafter "MONACO"), (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:
1. On July 28, 2017, Plaintiff BNYM filed its Complaint in this action naming MONACO and other parties as defendants related to a homeowners association foreclosure sale of real property located at 8326 Sterling Harbor Court, Las Vegas, Nevada 89117; APN 163-09-313-035 (hereinafter "Property").
2. The Parties hereby agree that BNYM's claims against MONACO shall be dismissed with prejudice, and BNYM and MONACO shall each bear its own costs and fees related to this litigation.
> 3. MONACO asserts that it does not have a current ownership interest in title to the Property.
4. MONACO specifically reserves its ongoing rights under Nevada law, including NRS Chapter 116, and the governing documents, including the Covenants, Conditions and Restrictions ("CC&Rs").
5. This dismissal does not affect any rights, claims or defenses of BNYM or MONACO with respect to any other party related to the foreclosure sale of the Property.
IT IS SO STIPULATED.
ORDER
Based on the stipulation between plaintiff and defendant Monaco Landscape Maintenance Association [ECF No. 35], which I construe as a joint motion under LR 7-1(c) because it was signed by fewer than all parties, and with good cause appearing, IT IS HEREBY ORDEREDORDER that the claims against Monaco Landscape Maintenance Association, Inc. are DISMISSED with prejudice, each party to bear its own fees and costs.
