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U.S. Bank National Association v. ER Holdings NV LLC, 2:17-cv-02129-JAD-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20181126b75 Visitors: 5
Filed: Nov. 21, 2018
Latest Update: Nov. 21, 2018
Summary: STIPULATION AND ORDER TO QUIET TITLE TO THE SUBJECT PROPERTY AND FOR DISMISSAL WITH PREJUDICE OF DEFENDANT ER HOLDINGS NV LLC ECF No. 19 JENNIFER A. DORSEY , District Judge . Plaintiff U.S. Bank National Association, as Trustee For MASTR Asset Backed Securities Trust 2006-WMC4, Mortgage Pass-Through Certificates, Series 2006-WMC4 ("U.S. Bank"), and Defendant ER Holdings NV LLC ("ER Holdings") (together with U.S. Bank, the "Parties"), by and through their respective undersigned counsel of re
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STIPULATION AND ORDER TO QUIET TITLE TO THE SUBJECT PROPERTY AND FOR DISMISSAL WITH PREJUDICE OF DEFENDANT ER HOLDINGS NV LLC ECF No. 19

Plaintiff U.S. Bank National Association, as Trustee For MASTR Asset Backed Securities Trust 2006-WMC4, Mortgage Pass-Through Certificates, Series 2006-WMC4 ("U.S. Bank"), and Defendant ER Holdings NV LLC ("ER Holdings") (together with U.S. Bank, the "Parties"), by and through their respective undersigned counsel of record, hereby stipulate and agree as follows:

IT IS HEREBY STIPULATED AND AGREED that title to the property commonly known as 3171 Arville Street, Las Vegas, Nevada 89102 (APN 162-07-411-085) is quieted in the name of ER Holdings NV LLC.

IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and Order, or the relief granted herein, shall be construed or deemed to alter, affect, limit, waive, or restrict the rights of U.S. Bank (or any of its authorized agents, investors, affiliates, predecessors, successors, and assigns) relating to the promissory note (the "Note") described in the Deed of Trust recorded in the records of the Clark County, Nevada recorder as instrument number 20060712-0000341 (the "U.S. Bank DOT").

The Parties further agree that this Stipulation and Order is in no way intended to impair the rights of U.S. Bank (or any of its authorized agents, investors, affiliates, predecessors, successors, and assigns) to pursue any and all remedies against the Borrower(s), as defined in the U.S. Bank DOT and/or Note, that U.S. Bank (or any of its authorized agents, investors, affiliates, predecessors, successors, and assigns) may have relating to the Note, except the right to judicially or non-judicially foreclose/enforce the U.S. Bank DOT against the property described in the U.S. Bank DOT.

IT IS FURTHER STIPULATED AND AGREED that a copy of this Stipulation and Order may be recorded with the Clark County, Nevada Recorder.

IT IS FURTHER STIPULATED AND AGREED that ER Holdings shall be dismissed from this litigation WITH PREJUDICE, with each party to bear its own costs and fees. This dismissal pertains to ER Holdings only and not to any other party.

ORDER

Based on the parties' stipulation [ECF No. 19], which I construe as a joint motion under Local Rule 7-1(c) because it was signed by fewer than all the parties, and with good cause appearing, IT IS SO ORDERED. ALL CLAIMS AGAINST ER Holdings NV, LLC are DISMISSED with prejudice, each side to bear its own fees and costs. The parties are reminded that the stay of the litigation between U.S. Bank and the HOA remains in effect. See ECF No. 18. The parties are ORDERED to submit a status report by 12/10/18 that details the status of the dismissal of the remaining claims and parties.

Source:  Leagle

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