Filed: Oct. 02, 2019
Latest Update: Oct. 02, 2019
Summary: STIPULATION AND ORDER TO DISMISS LARRY R. HICKS , District Judge . COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-AL1, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-AL1 ( "Plaintiff" or "BONY "), and Defendant, AIRMOTIVE INVESTMENTS, LLC ( "Airmotive" ), by and through their undersigned counsel, and hereby stipulate and agree as follows: 1. The instant action relates to real prop
Summary: STIPULATION AND ORDER TO DISMISS LARRY R. HICKS , District Judge . COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-AL1, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-AL1 ( "Plaintiff" or "BONY "), and Defendant, AIRMOTIVE INVESTMENTS, LLC ( "Airmotive" ), by and through their undersigned counsel, and hereby stipulate and agree as follows: 1. The instant action relates to real prope..
More
STIPULATION AND ORDER TO DISMISS
LARRY R. HICKS, District Judge.
COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-AL1, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-AL1 ("Plaintiff" or "BONY"), and Defendant, AIRMOTIVE INVESTMENTS, LLC ("Airmotive"), by and through their undersigned counsel, and hereby stipulate and agree as follows:
1. The instant action relates to real property commonly known as 6185 Arapaho Drive, Sun Valley, Nevada 89433 (the "Property"). The property was the subject of a homeowners association lien foreclosure sale ("HOA Foreclosure Sale"). The Plaintiff filed the instant action on February 22, 2017, primarily seeking an adjudication regarding the force and effect of HOA Foreclosure Sale upon a security interest held by Plaintiff.
2. On May 29, 2018, an Order was entered dismissing Co-Defendant, Highland Ranch Homeowners Association from this litigation. [ECF #36].
3. On February 25, 2019, this Court entered an Order granting Plaintiff's Motion for Partial Summary Judgment. [ECF #49].
4. On May 20, 2019, this Court entered a default judgment against Co-Defendants, Leticia Rangel De Lopez and Luis Lopez-Landeros. [ECF #53].
5. On June 10, 2019, Plaintiff and Airmotive filed a Notice of Settlement herein [ECF #54], advising the Court that they had resolved all matters at issue between them related to the Property and this litigation.
6. On June 17, 2019, this Court entered an Order Regarding the Notice of Settlement, directing the parties to file a status report or dismissal paperwork within 30 days. [ECF #55].
7. It took the parties longer than expected to perform their various obligations associated with their settlement; however, the settlement has now been effected.
8. All matters at issue in this litigation having been fully resolved, to the extent that this has not already been accomplished, the instant matter shall be DISMISSED in its entirety and the matter may be CLOSED, with each party to bear its own fees and costs.
Dated this 1st day of October, 2019.
ROGER P. CROTEAU &
ASSOCIATES, LTD. AKERMAN LLP
/s/ Timothy E. Rhoda /s/ William S. Habdas
TIMOTHY E. RHODA, ESQ. WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 7878 Nevada Bar No. 13138
9120 West Post Road, Suite 100 1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89148 Las Vegas, NV 89134
(702) 254-7775 (702) 634-5000
croteaulaw@croteaulaw.com william.habdas@akerman.com
Attorney for Defendant Attorney for Plaintiff
Airmotive Investments, LLC Bank of New York Mellon
IT IS SO ORDERED.
