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First 100 LLC v. Omni Financial LLC

United States District Court, D. Nevada

February 16, 2017

FIRST 100, LLC, a Nevada limited liability company; 1st ONE HUNDRED HOLDINGS, LLC, a Nevada limited liability company, Plaintiffs,
v.
OMNI FINANCIAL, LLC, a foreign limited liability company; PRENPOINCIANA, LLC, a foreign limited liability company; DOES I through X and ROE ENTITIES I through X; Defendants, AND ALL RELATED CLAIMS

         Related Case No. 2:16-cv-00109-RFB-CWH (Jointly Administered Cases)

          HOWARD & HOWARD ATTORNEYS PLLC Robert Hernquist Attorneys for Defendant, Counterplaintiff and Third Party Plaintiff Omni Financial LLC

          GREENBERG TRAURIG, LLP Christopher Miltenberger Attorneys for Defendants PrenPoinciana, LLC and Prentice Lending II LLC

          MAIER GUTIERREZ AYON Joseph A. Gutierrez 8 Attorneys for (I) Plaintiffs and Counter defendants First 100, LLC and 1st One Hundred Holdings, LLC and (2) Third-Party Defendants 1st One Hundred Holdings, LLC, Jay Bloom, Carlos Cardenas, Christopher Morgando, and Matthew Farkas

          KOLESAR & LEATHAM Bart K. Larsen Bart K. Larsen Nevada Bar No. 08538 400 South Rampart Blvd., Suite 400 Las Vegas, Nevada 89145 Attorneys for Plaintiffs KAL-MOR-USA LLC and GFY Management LLC (in Case No. 2:16-cv-00109)

          STIPULATED JUDGMENT

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         COME NOW, (1) Plaintiffs and Counter-Defendants First 100, LLC ("First 100") and 1stOne Hundred Holdings, LLC ("Holdings, " and together with First 100, the "PUumilTs"), by and through their undersigned attorneys, Maier Gutierrez Ayon; (2) Third-Party Defendants Holdings, Jay Bloom, Carlos Cardenas, Christopher Morgando, and Matthew Farkas (collectively, the "Guarantors"), by and through their undersigned attorneys, Maier Gutierrez Ayon, (3) Defendant, Counterplaintiff, and Third Party Plaintiff Omni Financial, LLC ("Omni"), by and through its undersigned attorneys, Howard & Howard Attorneys PLLC, (4) Defendants PrenPoinciana, LLC and Prentice Lending II LLC (collectively, "PrenPoinciana"), by and through their undersigned attorneys, Greenberg Traurig, LLP; and (5) Plaintiffs KAL-MOR-USA LLC and GFY Management LLC (in Case No. 2:16-cv-00109) (collectively, "Kal-Mor/GlJY"\ by and through their undersigned attorneys, Kolesar & Leatham.

         RECITALS

         On January 15, 2016, First 100 filed a complaint asserting various claims for relief (the "Claims") against Omni and PrenPoinciana in the Eighth Judicial District Court in Clark County, Nevada (the "Lawsuit"), seeking an ex parte temporary restraining order stopping a foreclosure sale which Omni had previously noticed. Omni removed the Lawsuit to the U.S. District Court for the District of Nevada (the "District Courl") (Notice of Removal, ECF No. I), [1] where it is known as Case No. 2:16-cv-00099. On February 9, 2016, the Lawsuit was consolidated with a separate action filed by Kal-Mor USA LLC (which had also been removed by Omni and is Case No. 2:16-cv-00109, and which case constitutes part of the defined term, the "Lawsuit"). On June 15, 2016, Defendant Omni filed its Answer to First 100, LLC's Complaint and Counterclaim and Third-Party Complaint (ECF 99), asserting various counterclaims and third-party claims for relief against the Plaintiffs and Guarantors (the "Counterclaims and Third-Party Claims").

         As set forth in extensive detail in the pleadings and papers in the Lawsuit, numerous disputes (collectively, the "Disputes") have arisen between Plaintiffs, Defendants, and Guarantors regarding, for example:[2]

(a) First 100's default on a line of credit loan extended by Omni pursuant to a loan agreement and other transaction documents dated May 27, 2014;
(b) the ownership, management, and control of certain homeowner association liens/receivables ("I IOA Receivables") those acquired from the Association of Poinciana Villages ("APV") and (i) relating to the calendar year 2013 ((the "2013 Receivables"), (ii) relating to the calendar years 2014-2015 (the "2014-2015 Receivables") and (iii) certain additional properties previously managed by Association Capital Resources, LLC (the "ACR Receivables");
(c) the ownership, management, and control of all other HOA Receivables owned all I other HOA Receivables owned by First 100 from time to time from the inception of the Omni loan through the date hereof, if and to the extent serviced by the McCabe Firm, including those relating to Harbor Watch (a/k/a Harbour Watch), Images Condominium Association, Black Bear Reserve, Brightwaters, Autumnwood Grove and ...

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