LARRY R. HICKS, District Judge.
This Stipulation and Order for Dismissal without Prejudice of the Meadows Homeowners Association ("
WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving that real property in Washoe County, Nevada with APN 160-331-19, commonly known as 1207 Tule Drive, Reno, Nevada 89521 (the "
WHEREAS, Nationstar's predecessor-in-interest and Fannie Mae filed this action on May 22, 2017 and Nationstar alleges several causes of action against the HOA;
WHEREAS, the HOA has filed its Answer on July 5, 2017; and
WHEREAS, the HOA disclaims any interest in the Property other than its ongoing rights under Nevada law, including NRS 116, and the governing documents, including the Covenants, Conditions and Restrictions ("CC&Rs").
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:
1. The Complaint can be dismissed without prejudice as to the HOA only, with each party to bear their own fees and costs, and any written discovery pending by and between Nationstar, or its predecessor-in-interest, Fannie Mae, and the HOA is deemed withdrawn.
2. Any statute of limitations for the causes of action asserted against the HOA, which the HOA may allege have expired since the Complaint was filed on May 22, 2017 to the date of this Stipulation, shall be tolled until this litigation is fully and finally resolved.
3. The Parties reserve any and all rights, privileges, and defenses under applicable law.
4. The Parties agree that the HOA may be removed from the caption of this matter.
Wherefore, the undersigned request this Court enter an Order granting the above stipulation.