Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2 LIFT STAY ENTERED MARCH 23, 2018 JAMES C. MAHAN , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), and Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") (collectively, the "Parties"), through their respective attorneys, stipulate as follows: 1. This action
Summary: STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2 LIFT STAY ENTERED MARCH 23, 2018 JAMES C. MAHAN , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), and Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") (collectively, the "Parties"), through their respective attorneys, stipulate as follows: 1. This action ..
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STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2 LIFT STAY ENTERED MARCH 23, 2018
JAMES C. MAHAN, District Judge.
Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), and Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") (collectively, the "Parties"), through their respective attorneys, stipulate as follows:
1. This action concerns title to real property commonly known as 7828 Drydust Ct., Las Vegas, Nevada (the "Property") following a homeowner's association foreclosure sale conducted on November 19, 2013, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust recorded against the Property in the Official Records of Clark County, Nevada as Instrument Number 20080714-0004624 (the "Deed of Trust"), and in particular, whether the Deed of Trust continues to encumber the Property.
3. The Parties to this Stipulation have settled and agreed to release their respective claims, and further agreed that the claims between them, including the Complaint and Counterclaim, shall be DISMISSED with prejudice.
4. As neither Elizabeth Rocha nor Horatio Rocha appeared in this action, Chase hereby voluntarily dismisses its claims against them pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
5. This Stipulation in no way affects SFR's cross-claim against Elizabeth Rocha or Horatio Rocha.
6. The Parties further stipulate and agree that the Lis Pendens recorded against the Property in the Official Records of Clark County, Nevada, as Instrument Number 20170331-0003210 be, and the same hereby is, EXPUNGED.
7. The Parties further stipulate and agree that the $500 in security costs posted by Chase on May 31, 2017, pursuant to this Court's Order [ECF No. 13] shall be discharged and released to the Ballard Spahr LLP Trust Account.
8. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder;
9. The Parties further agree to lift the stay entered March 23, 2018 [ECF No. 73];
10. This case shall remain open until such time as SFR resolves its pending cross-claims against Elizabeth Rocha or Horatio Rocha; and
11. Each party in this case number 2:17-CV-00326-JCM-NJK shall bear its own attorneys' fees and costs.
IT IS SO ORDERED.
