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HSBC Bank USA, National Association v. Velez Family Trust

United States District Court, D. Nevada

July 6, 2017

HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE7, ASSET BACKED PASS-THROUGH CERTIFICATES; Plaintiff,
v.
VELEZ FAMILY TRUST; MARTIN CENTENO, an individual; RED ROCK FINANCIAL SERVICES, LLC, a Nevada limited-liability company; FIRST LIGHT AT OLD VEGAS RANCH HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; Defendants.

          KOCH & SCOW, LLC Steven B. Scow (with permission) David R. Koch, Esq. Nevada Bar No. 8830 Steven B. Scow, Esq. Nevada Bar No. 9906 Brody B. Wight, Esq. Nevada Bar No. 13615 11500 S. Eastern Ave., Ste. 210 Attorneys for Red Rock Financial Services, LL

          SNELL & WILMER L.L.P. Nathan G. Kanute Jeffrey Willis, Esq. Nevada Bar No. 4797 Nathan G. Kanute, Esq. Nevada Bar No. 12413 50 West Liberty Street, Suite 510 Reno, Nevada 89501 Attorneys for HSBC

          STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE OF RED ROCK FINANCIAL SERVICES, LLC EECCF FN Nos. 2. 32, 3 2, 83, 2 32, 33

          Jennifer Dorsey U.S. District Judge

         STIPULATION

         This Stipulation and Order for Dismissal without Prejudice of Red Rock Financial Services, LLC (“Stipulation”) is entered into as of the date below by and between HSBC Bank USA, National Association as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2005-HE7, Asset Backed Pass-Through Certificates (“HSBC or Plaintiff”), by and through counsel of record, and Defendant Red Rock Financial Services, LLC (“Red Rock”) (HSBC and collectively with Red Rock, the “Parties”). The parties hereby stipulate and agree as follows:

         WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving that real property in Clark County, Nevada with APN 179-34-615-084, commonly known as 2556 Velez Valley Way, Henderson, Nevada 89002 (the “Property”);

         WHEREAS, the Plaintiff filed this action on March 20, 2017 and alleges several causes of action against Red Rock;

         WHEREAS, Red Rock filed a Motion to Dismiss on June 7, 2017; and

         WHEREAS, Red Rock disclaims any interest in the Property.

         NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

         1. The Complaint is dismissed without prejudice as to Red Rock only, with each party to bear their own fees/costs, and the Motion to Dismiss is deemed withdrawn.

         2. Any statute of limitations for the causes of action asserted against Red Rock, which Red Rock may allege have expired since the Complaint was filed on March 20, 2017 to the date of this Stipulation, shall be tolled until further agreement of the Parties.

         3. Within 14 days after entry of this Stipulation and Order, Red Rock shall provide to First Light at Old Vegas Ranch Homeowners Association's (the “Association”) defense counsel of record in this matter the Association's records, which are in Red Rock's possession, concerning the Association's NRS Chapter 116 assessment lien foreclosure on the Property for production by the Association's defense counsel in the course of discovery under the Federal Rules of Civil Procedure, subject to any and all applicable objections.

         4. Upon proper notice by Plaintiff in accord with the Federal Rules of Civil Procedure, Red Rock shall make available a knowledgeable witness for deposition limited to the Association's assessment lien foreclosure sale of the Property, and subject to any and all applicable objections. Red Rock shall be provided 30 days' notice of the deposition, and an opportunity to ...


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