United States District Court, D. Nevada
WELLS FARGO FINANCIAL NEVADA 2, INC., a Nevada Corporation; Plaintiff,
DEBORAH LOGAN, an individual; DANIEL LOGAN, an individual; EAGLE HIGHLANDS OWNERS ASSOCIATION, a Nevada nonprofit corporation; and GAYLE A. KERN, LTD., a Nevada professional corporation, d/b/a Kern & Associates, Ltd.; Defendants
SNELL & WILMER L.L.P. Robin E. Perkins, Esq. (NV Bar No.
9891) Adam Tully, Esq. (NV Bar No. 13601) Attorneys for
Plaintiff Plaintiff Wells Fargo Financial Nevada 2, Inc.
KERN & ASSOCIATES, LTD. Gayle A. Kern,
Esq. Karen M. Ayarbe, Esq. Attorneys for Defendant
Gayle A. Kern, Ltd., dba Kern & Associates, Ltd.
STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE
OF GAYLE A. KERN, LTD.
Wells Fargo Financial Nevada 2, Inc. (“Wells
Fargo”) and Defendant Gayle A. Kern, Ltd., dba Kern
& Associates, Ltd., (“Kern, ” and together
with Wells Fargo, the “Parties”), by and through
their undersigned counsel of record, hereby stipulate and
agree as follows:
the above-captioned action concerns Defendant Eagle Highlands
Owners Association's (“Association”) NRS
Chapter 116 foreclosure sale on or about January 14, 2016
(“Foreclosure Sale”) of that certain real
property in Carson City, Nevada with APN 010-311-56, commonly
known as 46 Condor Circle, Carson City, NV 89701 (the
Wells Fargo filed its Complaint on August 24, 2017, alleging
several causes of action against Kern; and
Kern has never claimed any interest in the Property. NOW,
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:
Complaint is dismissed without prejudice as to Kern only,
with each party to bear its own fees/costs.
statute of limitations for the causes of action which may
have expired since the Complaint was filed on August 24,
2017, shall be tolled from the date this Stipulation is
signed by the Parties until the litigation is fully and
finally concluded, which shall include any appeals and
proceedings following remand from an appellate court.
Except as is set forth in the preceding paragraph, nothing in
this Stipulation shall diminish or affect any defense
available to any Party as of the date of this Stipulation,
and this Stipulation shall not be deemed to revive any claim,
remedy, and/or cause of action, legal or equitable, that is
or was already barred as of the date of this Stipulation, nor
shall this Stipulation create any new claim, remedy, and/or
cause of action, legal or equitable, against any Party
hereto. Nothing in this Stipulation, or in the circumstances
that gave rise to this Stipulation shall be construed as an
acknowledgement by any Party that any claim, remedy, and/or
cause of action, legal or equitable, has or has not been
barred, or is about to be barred, by the statute of
limitations, laches, or other defense based on the lapse of
Stipulation shall not operate as an admission of liability by
any Party. Neither this Stipulation nor any action taken
pursuant to this Stipulation shall be offered or received in
evidence in any action or proceeding as an admission of
liability or wrongdoing by any Party.
Within 30 days after this Stipulation is executed by the
Court, Kern shall provide to the Association's counsel of
record the Association's records, which are in Kern'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 Nevada Rules of Civil Procedure, subject
to any and all applicable objections. Notwithstanding the
foregoing, Wells Fargo reserves its right to exercise all
rights and remedies-including but not limited to the rights
and remedies set forth in the Federal Rules of Civil
Procedure for procuring evidence from non-parties-to seek and
acquire documents directly from Kern. Likewise, Kern reserves
any and all rights, remedies, defenses, and objections
including, but not limited to, attorney client and/or work
product privilege, to any discovery requests by Wells Fargo.
proper notice by Plaintiff, in accord with the Nevada Rules
of Civil Procedure, Kern 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 and privileges. Kern
shall be provided 30 days' notice of the deposition, and
an opportunity to coordinate with Counterclaimants'
counsel, a mutually convenient time, date and location of
regard to Kern's appearance for depositions, as described
in Paragraph 6 herein, Kern shall have the same rights,
defenses, and remedies as a party to the litigation relative
to any notice of deposition addressed to Kern.
Notwithstanding the foregoing, Wells Fargo reserves its right
to exercise all rights and remedies-including but not limited
to the rights and remedies set forth in the Federal Rules of
Civil Procedure for ...