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Alessi & Koenig, LLC v. Dolan

United States District Court, D. Nevada

May 23, 2018

ALESSI & KOENIG, LLC, a Nevada limited liability company, Plaintiff,
v.
ALFRED T. DOLAN, JR.; BARBARA ANN DOLAN; FEDERAL NATIONAL MORTGAGE ASSOCIATION; SUMMERLIN NORTH COMMUNITY ASSOCIATION; SATICOY BAY LLC SERIES 10250 SUN DUSK LN; SUNSET MESA COMMUNITY ASSOCIATION; DOE INDIVIDUALS I-X, inclusive; and ROE CORPORATIONS XI-XX, inclusive, Defendants. and FEDERAL HOUSING FINANCE AGENCY, as Conservator for the Federal National Mortgage Association, Intervenor. FEDERAL NATIONAL MORTGAGE ASSOCIATION; and FEDERAL HOUSING FINANCE AGENCY, as Conservator for the Federal National Mortgage Association, Counterclaimants,
v.
SATICOY BAY LLC SERIES 10250 SUN DUSK LANE; and SUNSET MESA COMMUNITY ASSOCIATION, Counter-defendants. SATICOY BAY LLC SERIES 10250 SUN DUSK LANE, Crossclaimant,
v.
ALFRED T. DOLAN, JR.; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Cross-defendants.

          Dana Jonathon Nitz, Esq., Christina V. Miller, Esq., WRIGHT, FINLAY & ZAK, LLP, Attorneys for Defendant/Counterclaimant/Cross-Defendant, Federal National Mortgage Association.

          HOA LAWYERS GROUP, LLC, Steven T. Loizzi, Esq., Attorneys for Defendant/Counter-Defendant Sunset Mesa Community Association.

          GEISENDORF & VILKIN, PLLC, Richard J. Vilkin, Esq., Attorneys for Defendant/Counter-Defendant/Crossclaimant Saticoy Bay LLC Series 250 Sun Dusk Lane.

          ALESSI & KOENIG, LLC Steven T. Loizzi, Esq., Attorneys for Plaintiff Alessi & Koenig, LLC.

          STIPULATION AND ORDER FOR DISMISSAL OF REMAINING CLAIMS

         Plaintiff Alessi & Koenig, LLC (“Alessi”); Defendant/Counter-Defendant Sunset Mesa Community Association (the “HOA”), by and through their counsel of record, HOA Lawyers Group, LLC; Defendant/ Counterclaimant/Cross-Defendant, Federal National Mortgage Association (“Fannie Mae”), by and through its attorneys of record, Dana Jonathon Nitz, Esq., and Christina V. Miller, Esq., of the law firm Wright, Finlay & Zak, LLP; and Defendant/Counter-Defendant/Crossclaimant Saticoy Bay LLC Series 10250 Sun Dusk Lane (“Saticoy”), by and through its counsel of record Richard J. Vilkin, Esq., of the law firm Geisendorf & Vilkin, PLLC, hereby stipulate and agree as follows:

         WHEREAS, this matter concerns a homeowner's association non-judicial foreclosure sale against real property located at 10250 Sun Dusk Lane, Las Vegas, Nevada 89144 (the “Property”).

         WHEREAS, on September 3, 2014, Alessi on behalf of the HOA conducted a non-judicial foreclosure sale against the Property, selling the Property to Saticoy for $60, 100.00 (the “HOA Sale”).

         WHEREAS, on February 9, 2015, Alessi filed a Complaint in Interpleader against Fannie Mae, borrowers Alfred T. Dolan and Barbara Ann Dolan (collectively, the “Dolans”), the HOA and Saticoy regarding excess proceeds from the HOA Sale. ECF No. 1-1.

         WHEREAS, on May 6, 2015, Fannie Mae filed its Answer to the Complaint in Interpleader, which was subsequently amended on May 8, 2015 to assert Counterclaims against Saticoy for Quiet Title and Declaratory Relief and against the HOA for Wrongful Foreclosure, Declaratory Relief and Unjust Enrichment. ECF No. 8.

         WHEREAS, on June 15, 2015, the HOA filed its Answer to Fannie Mae's Counterclaim. ECF No. 10.

         WHEREAS, on July 22, 2015, pursuant to a Stipulation and Order, the Federal Housing Finance Agency (“FHFA”) intervened in the action and filed its Answer and Counterclaims against Saticoy and the HOA for Declaratory Judgment and against Saticoy for Quiet Title. ECF No. 18.

         WHEREAS, on August 19, 2015, Saticoy filed its Answer to Fannie Mae's Counterclaim and Cross-Claim against Alfred T. Dolan and Fannie Mae for Quiet Title and Declaratory Relief. ECF No. 23.

         WHEREAS, on September 14, 2015, Fannie Mae filed its Answer to Saticoy's Cross-Claim. ECF No. 24.

         WHEREAS, on August 19, 2016, Fannie Mae and FHFA filed a Motion for ...


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