Filed: Jan. 30, 2020
Latest Update: Jan. 30, 2020
Summary: STIPULATION AND ORDER TO DISMISS MONETARY CLAIMS AGAINST DITECH JENNIFER A. DORSEY , District Judge . STIPULATION Ditech Financial LLP ("Ditech") and Las Vegas Rental & Repair LLC Series 73 ("LVRR") by and through their undersigned counsel of record hereby stipulate as follows: 1. On February 11, 2019, Ditech filed a Bankruptcy with the United States Bankruptcy Court for the Southern District of New York. 2. On September 26, 2019, the Bankruptcy Court entered the Order Confirming Third
Summary: STIPULATION AND ORDER TO DISMISS MONETARY CLAIMS AGAINST DITECH JENNIFER A. DORSEY , District Judge . STIPULATION Ditech Financial LLP ("Ditech") and Las Vegas Rental & Repair LLC Series 73 ("LVRR") by and through their undersigned counsel of record hereby stipulate as follows: 1. On February 11, 2019, Ditech filed a Bankruptcy with the United States Bankruptcy Court for the Southern District of New York. 2. On September 26, 2019, the Bankruptcy Court entered the Order Confirming Third A..
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STIPULATION AND ORDER TO DISMISS MONETARY CLAIMS AGAINST DITECH
JENNIFER A. DORSEY, District Judge.
STIPULATION
Ditech Financial LLP ("Ditech") and Las Vegas Rental & Repair LLC Series 73 ("LVRR") by and through their undersigned counsel of record hereby stipulate as follows:
1. On February 11, 2019, Ditech filed a Bankruptcy with the United States Bankruptcy Court for the Southern District of New York.
2. On September 26, 2019, the Bankruptcy Court entered the Order Confirming Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1404) (the" Confirmation Order") approving the terms of the Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1326) (the "Plan"). The Plan incorporates the sale of Ditech's reverse and forward businesses to separate buyers (the "Buyers").
3. The Plan contains a permanent injunction (the "Injunction") that specifically prohibits parties from, among other things, taking actions inconsistent with the Plan, including, as relevant here, forever prosecuting any action against Ditech for monetary recovery on account of any claim arising prior to the closing of the transactions under the Plan—September 30, 2019.
4. Given the foregoing, LVRR and Ditech hereby stipulate and agree to voluntarily dismiss with prejudice all claims against Ditech in this action for monetary damages or other monetary relief, including costs and attorney's fees.
5. All other claims and defenses regarding title to the property and the effect of the HOA foreclosure sale remain in dispute.
IT IS SO STIPULATED.
DATED: January 28, 2020 DATED: __________________, 2020
WOLFE & WYMAN LLP CLARK NEWBERRY LAW FIRM
By: /s/Colt B. Dodrill By: /s/Tara Clark Newberry
COLT B. DODRILL, ESQ. TARA CLARK NEWBERRY, ESQ.
Nevada Bar No. 9000 Nevada Bar No. 10696
cbdodrill@ww.law tnewberry@cnlawlv.com
6757 Spencer St. 810 South Durango Drive, Suite 102
Las Vegas, NV 89119 Las Vegas, NV 89145
Plaintiff/Counterclaim Defendant Attorneys for Defendant/Counterclaimant
GREEN TREE SERVICING LLC, now LAS VEGAS RENTAL & REPAIR LLC
known as Ditech Financial LLC SERIES 73
ORDER
IT IS SO ORDERED.
