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Bank of New York Mellon v. Tierra De Las Palmas Owners Association, 2:17-cv-01989-MMD-GWF. (2019)

Court: District Court, D. Nevada Number: infdco20190109h82 Visitors: 6
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: STIPULATED JUDGMENT MIRANDA M. DU , District Judge . Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC., ALTERNATIVE LOAN TRUST 2005-46CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-46CB (hereinafter "Plaintiff"), by and through its attorney of record J. Stephen Dolembo, Esq. of Zieve Brodnax & Steele, LLP, and Defendant PRAIRIE FLOWER HOLDINGS, LLC, by and through its attorneys of record, Michael N. Beede, Esq. and James
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STIPULATED JUDGMENT

Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT INC., ALTERNATIVE LOAN TRUST 2005-46CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-46CB (hereinafter "Plaintiff"), by and through its attorney of record J. Stephen Dolembo, Esq. of Zieve Brodnax & Steele, LLP, and Defendant PRAIRIE FLOWER HOLDINGS, LLC, by and through its attorneys of record, Michael N. Beede, Esq. and James W. Fox, Esq. of The Law Office of Mike Beede, hereby stipulate and agree as follows:

IT IS HEREBY STIPULATED AND AGREED that Defendant Prairie Flower Holdings, LLC is hereby dismissed WITH PREJUDICE, each party to bear its own fees and costs.

IT IS HEREBY STIPULATED AND AGREED that Defendants other than Prairie Flower Holdings, LLC have been previously dismissed from this action and the Plaintiff's claims herein have been fully and finally resolved.

IT IS HEREBY STIPULATED AND AGREED that title to the Property commonly known as 2315 Little Italy Avenue, North Las Vegas, NV 89031 shall be quieted in favor of Prairie Flower Holdings, LLC.

IT IS HEREBY STIPULATED AND AGREED that none of Plaintiff, The Bank of New York Mellon nor non-party Bayview Loan Servicing, LLC have any present right, title or interest in the Property.

IT IS SO STIPULATED AND AGREED.

ORDER OF DISMISSAL

On this day the court considered the joint stipulation of dismissal submitted by Plaintiff The Bank of New York Mellon FKA The Bank of New York, As Trustee for the Certificateholders of CWALT Inc., Alternative Loan Trust 2005-46CB, Mortgage Pass-Through Certificates, Series 2005-46CB ("BNYM"), and Defendant Prairie Flower Holdings, LLC, and found that the parties' request has merit and should be GRANTED. It is therefore,

ORDERED, ADJUDGED, and DECREED all claims asserted by the parties, or that could have been asserted by the parties in this case are hereby dismissed with prejudice.

All costs are to be borne by the party incurring same.

That title to the Property commonly known as 2315 Little Italy Avenue, North Las Vegas, NV 89031 shall be quieted in favor of Prairie Flower Holdings, LLC.

Neither Bank of New York Mellon nor Bayview Loan Servicing, LLC have any present right, title or interest in the Property, and each shall be prohibited from asserting any claim to the property not hereafter acquired.

It is the intent of this court that this final judgment disposes of all claims against all parties in the above-styled and -numbered cause and this judgment be, and is, final for all purposes, including, but not limited to, appeal.

IT IS SO ORDERED.

Source:  Leagle

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