Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: AMENDED STIPULATION AND ORDER TO DISMISS DEFENDANT SUMMERHILLS OWNERS' ASSOCIATION WITHOUT PREJUDICE ECF No. 14 JENNIFER A. DORSEY , District Judge . Plaintiff, Wilmington Trust, National Association, not in its Individual Capacity but as Trustee of ARLP Securitization Trust, Series 2014-1 (hereinafter "Wilmington Trust"), and Defendant, Summerhills Owners' Association (hereinafter the "HOA"), by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREA
Summary: AMENDED STIPULATION AND ORDER TO DISMISS DEFENDANT SUMMERHILLS OWNERS' ASSOCIATION WITHOUT PREJUDICE ECF No. 14 JENNIFER A. DORSEY , District Judge . Plaintiff, Wilmington Trust, National Association, not in its Individual Capacity but as Trustee of ARLP Securitization Trust, Series 2014-1 (hereinafter "Wilmington Trust"), and Defendant, Summerhills Owners' Association (hereinafter the "HOA"), by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS..
More
AMENDED STIPULATION AND ORDER TO DISMISS DEFENDANT SUMMERHILLS OWNERS' ASSOCIATION WITHOUT PREJUDICE
ECF No. 14
JENNIFER A. DORSEY, District Judge.
Plaintiff, Wilmington Trust, National Association, not in its Individual Capacity but as Trustee of ARLP Securitization Trust, Series 2014-1 (hereinafter "Wilmington Trust"), and Defendant, Summerhills Owners' Association (hereinafter the "HOA"), by and through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS Wilmington Trust filed its Complaint on September 18, 2017, alleging causes of action against the HOA in connection with the HOA Sale and the Property [ECF No. 1];
WHEREAS the HOA filed its Answer to Complaint on December 21, 2017 [ECF No. 6];
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the HOA shall be dismissed without prejudice;
IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and order should be construed as intended to benefit any other party not identified as the parties hereto;
IT IS FURTHER STIPULATED AND AGREED that nothing in this stipulation and order is intended to be, or will be, construed as an admission of the claims or defenses of the parties;
IT IS FURTHER STIPULATED AND AGREED that each side will bear its own attorney's fees and costs through the date of entry of the Court's Order granting this Stipulation.
IT IS SO STIPULATED AND AGREED.
DATED this 28th day of May, 2019. DATED the 28th day of May, 2019.
WRIGHT, FINLAY & ZAK, LLP BOYACK ORME & ANTHONY
/s/ Paterno C. Jurani, Esq. /s/ Michael VanLuven, Esq.
Dana Jonathon Nitz, Esq. Edward D. Boyack, Esq.
Nevada Bar No. 0050 Nevada Bar No. 5229
Paterno C. Jurani, Esq. Michael VanLuven, Esq.
Nevada Bar No. 8136 Nevada Bar No. 13975
7785 West Sahara Avenue, Suite 200 7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117 Las Vegas, Nevada 89117
Attorneys for Plaintiff, Wilmington Trust, Attorneys for Defendant, Summerhills Owners'
National Association, not in its Association
Individual Capacity but as Trustee of
ARLP Securitization Trust, Series 2014-1
ORDER
Based on the parties' stipulation [ECF No. 14] and good cause appearing, IT IS HEREBY ORDERED that the claims against the Summerhills Owners' Association ARE DISMISSED with prejudice, each side to bear its own fees and costs. This dismissal leaves only claims against non-appearing defendant Nevada Association Services (NAS). Plaintiff has until June 18, 2019, to either (1) dismiss its claims against NAS or (2) obtain a clerk's default and file a motion for default judgment against NAS, or the claims against NAS will be deemed abandoned and dismissed, and this case will be closed without further notice.
