United States District Court, D. Nevada
WELLS FARGO BANK, N.A., a national banking association, Plaintiff,
ALIREZA KAVEH, an individual; ALIREZA KAVEH, as Trustee of the Alireza Kaveh Family Trust; JPA INVESTMENTS, LLC, a Nevada limited liability company, JOCELYNE ABRAR, an individual; JOCELYNE ABRAR as Trustee of The Jocelyne Abrar Trust; ALI KAVEH aka Alireza Kaveh, Sr., an individual; MOLOUK KAVEH; and MOLOUK KAVEH, as Trustee of The Kaveh Family Trust, Defendants.
LAW, PLLC, David Mincin, Esq., Attorney For Jocelyne Abrar,
Attorney for Plaintiffs Ali Kaveh, Moluck Kaveh and JPA
LAW PRACTICE, PLLC, Michael F. Lynch, Attorney for Plaintiffs
STIPULATION AND ORDER TO: I) CORRECT CLERICAL ERROR
AND AMEND JUDGMENT ENTERED MARCH 31, 2017; II) DISMISS SECOND
AND THIRD CLAIMS FOR RELIEF
M. NAVARRO, CHIEF JUDGE UNITED STATES DISTRICT COURT
Wells Fargo Bank, N.A., by and through its counsel of record,
Michael F. Lynch, Esq., of Lynch Law Practice, PLLC, and
Defendants JPA Investments, LLC; Jocelyne Abrar; Jocelyne
Abrar as Trustee of The Jocelyne Abrar Trust; Ali Kaveh aka
Alireza Kaveh, Sr.; Molouk Kaveh and Molouk Kaveh as Trustee
of The Kaveh Familly Trust dated July 31, 1998 (“The
Kaveh Family Trust”), and Alireza Kaveh, in Proper
Person, stipulate and agree as follows.
the Complaint on file identifies three separate loans held by
Plaintiff Wells Fargo Bank, N.A., against three different
Limited Liability Companies and properties and against
different defendants identified therein (Document 1).
the first claim for relief arises from a loan identified as
the Craig 95 Loan (Document 1).
the second claim for relief arises from a loan identified as
the Frontier Loan (Document 1).
the third claim for relief arises from a loan identified as
the Alireza Loan (Document 1).
On April 8, 2016, partial summary judgment was entered
against Defendants Alireza Kaveh, as an individual; Alireza
Kaveh, as Trustee of the Alireza Kaveh Family Trust; JPA
Investments, L.L.C.; Jocelyne Abrar, as an individual; and
Jocelyne Abrar, as Trustee of the Jocelyne Abrar Trust
relating to breaches the Craig 95 Loan (Document 69).
Wells Fargo and the same Defendants identified in Document 69
then proceeded to prosecute a traditional deficiency hearing
to determine fair market value on the date of the foreclosure
of the underlying Craig 95 real property.
on March 31, 2017 at the conclusion of the fair market value
deficiency hearing the Court entered an Order which contained
findings of fact and conclusions of law (Document 107), and
WHEREAS a Judgment was entered thereon on
the same date (Document 108).
in entering the Judgment on March 31, 2017 the clerk checked
the box that identifies all “Defendants” rather
than just those defendants who were parties to the Craig 95
IS HEREBY STIPULATED AND AGREED that pursuant to
FRCP 60 a mistake has occurred and to the extent Judgment
(Document 108) includes Defendants Alireza Kaveh, Sr. Molouk
Kaveh, and Molouk Kaveh Trust, this was the result of
clerical error entitling the latter defendants to relief.
IS HEREBY STIPULATED AND AGREED the Judgment entered
March 31, 2017 (Document 108) is corrected and clarified to
delete and omit any reference to Defendants Alireza Kaveh,
Sr. Molouk Kaveh, and Molouk Kaveh Trust and amended to state
that it is entered only against Defendants Alireza Kaveh, as
an individual; Alireza Kaveh, as Trustee of the Alireza Kaveh
Family Trust; JPA Investments, L.L.C.; ...