Filed: Aug. 30, 2018
Latest Update: Aug. 30, 2018
Summary: STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANT SEVILLA HOMEOWNERS ASSOCIATION WITH PREJUDICE JAMES C. MAHAN , District Judge . Pursuant to Fed. R. Civ. P. 41(a), Plaintiff The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-13 and Defendant Sevilla Homeowners Association (the "HOA")—the only parties who entered an appearance in this case—stipulate to a dismissal of all claims against the
Summary: STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANT SEVILLA HOMEOWNERS ASSOCIATION WITH PREJUDICE JAMES C. MAHAN , District Judge . Pursuant to Fed. R. Civ. P. 41(a), Plaintiff The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-13 and Defendant Sevilla Homeowners Association (the "HOA")—the only parties who entered an appearance in this case—stipulate to a dismissal of all claims against the H..
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STIPULATION AND ORDER FOR DISMISSAL OF DEFENDANT SEVILLA HOMEOWNERS ASSOCIATION WITH PREJUDICE
JAMES C. MAHAN, District Judge.
Pursuant to Fed. R. Civ. P. 41(a), Plaintiff The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-13 and Defendant Sevilla Homeowners Association (the "HOA")—the only parties who entered an appearance in this case—stipulate to a dismissal of all claims against the HOA with prejudice and with all parties to bear their own fees and costs. The following sets forth the basis for the dismissal:
1. On March 20, 2018, Plaintiff filed its complaint in this action naming the HOA and other parties as defendants. This action arose from the HOA's foreclosure sale of real property located at 3135 South Mojave Road, Building 10, # 103, Las Vegas, NV 89121 (the "Property").
2. The HOA does not have a current ownership interest in title to the Property.
3. The HOA specifically reserves its ongoing rights under Nevada law, including Chapter 116 of the Nevada Revised Statutes, and its governing documents, including a declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Sevilla, recorded on May 17, 2006 with the Clark County Recorder's office as instrument number 20060517-0000545.
4. This dismissal does not affect any rights, claims, or defenses of Plaintiff or the HOA with respect to any other party related to the foreclosure sale of the Property.
IT IS SO ORDERED.
