STIPULATION AND ORDER TO WITHDRAW MOTION FOR SUMMARY JUDGMENT, RESPONSES AND COUNTERMOTIONS

(Removed from Eighth Judicial District Court, Clark County, Nevada, Case No. A-14-695263-C)

RICHARD F. BOULWARE, II, District Judge.

Ke Aloha Holdings, LLC, a Nevada limited liability company ("Ke Aloha") by and tlirough its counsel of record, the firm of Greene infuso, LLP; James W. Pengilly and Amanda M. Pengilly (collectively "Pengilly Parties") by and through his counsel of record, the firm of Pengilly Robbins; Green Tree Servicing, LLC ("Green Tree") by and through its counsel of record, the firm of Brooks Hubley, LLP; United States Internal Revenue Service ("IRS") by and through the Department of Justice; and Nevada Association Services, Inc., a Nevada corporation. Douglas L. Crook, Erika Geiser, Mark A. Stulimer (collectively "IIOA Parties"), by an through their counsel of record, the firm of Leach Jolinson Song & Gruchow, hereby stipulate as follows:

WHEREAS, the Ke Aloha tiled a Motion for Summary Judgment ("Motion") (filed with the Court as Document no. 43) on or about July 27, 2015;

WHEREAS, the United States of America. Internal Revenue Service filed a Statement on the Mofion ("IRS Statement") (filed with the Court as Documents no. 46) on or about August 20, 2015;

WHEREAS, Pengilly filed a response to the Motion ("Pengilly Response") (fded with the Court as Document no. 47) on or about August 20, 2015;

WHEREAS, Green Tree filed a response to the Motion and Counlermotion for Discovery ("Green Tree Response") (filed wilh the Court as Document nos. 48, 52 and 53) on or about August 20, 2015; and

THEREFORE, the parlies hereby agree and stipulate to withdraw the Ke Aloha Motion, the Pengilly Response and Green Tree Response without prejudice and, without effect or prejudice upon any motions filed prior.

ORDER

IT IS HHRHBY ORDERED that the Motion for Summary Judgment tiled by Ke Aloha Holdings, LLC ("Motion") on or about July 27, 2015 is hereby withdrawn without prejudice;

IT IS FURTHER ORDERED that the IRS Statement tiled by the United States of America on or about August 20, 2015 is hereby withdrawn without prejudice;

IT IS FURTHER ORDERED that the Response to the Motion fded by the Pengilly Parties on or about August 20, 2015 is hereby withdrawn without prejudice;

IT IS FURTHER ORDERED that the Response to the Motion and Countermotion lor Discovery filed by Green Tree on or about August 20, 2015 is hereby withdrawn without prejudice; and

IT IS FURTHER ORDHRHD that any hearings associated with the Motion, Statement, Responses and Countermotion listed above are hereby vacated and this Order in no way shall no way prejudice or have any effect on any motions or responses, other than those specifically listed in this stipulation and order.