United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2007-8XS, a national bank, Plaintiff,
ATLANTIC REALTY GROUP, LLC, a Nevada limited liability company; GRANITE CREST HOMEOWNER'S ASSOCIATION, a Nevada non-profit corporation, Defendants.
& TERRY LLP, Michael W. McKelleb, Esq., SBN 12040 Troy R.
Dickerson, Esq., SBN 9381 Attorneys for Third Party Defendant
Granite Crest Homeowners Association
BRODNAX & STEELE, LLP, Shadd A. Wade, Esq., SBN 11310 J.
Stephen Dolembo, Esq., SBN 9795 Attorneys for Plaintiff U.S.
STIPULATED DISCLAIMER OF INTEREST AND DISMISSAL OF
DEFENDANT GRANITE CREST HOMEOWNERS ASSOCIATION ECF NO.
Jennifer A. Dorsey, U.S. District Judge.
NOW, Defendant GRANITE CREST HOMEONWERS ASSOCIATION (the
"Granite Crest"), by and through
its counsel, Angius & Terry LLP, and plaintiff, U.S. BANK
NATIONAL ASSOCIATION AS SUCCESSOR TN INTEREST TO BANK OF
AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE (SUCCESSOR BY
MERGER TO LASALLE BANK NATIONAL ASSOCIATION) AS TRUSTEE FOR
MORGAN STANLEY MORTGAGE LOAN TRUST 2007-8XS ("U.S.
Bank"), by and through its counsel,
ZIEVE, BRODNAX & STEELE, LLP, and hereby stipulate and
agree as follows:
WHEREAS, U.S. Bank filed its Complaint in
this matter on May 18, 2018, asserting claims against Grantie
Crest for declaratory relief and quiet title as part of its
first claim for relief;
WHEREAS, Granite Crest reviewed U.S.
Bank's Complaint and determined that U.S. Bank's
first claim for relief does not seek monetary claims against
Granite Crest, but is limited to requesting declaratory
relief and for quiet title, as alleged in the aforementioned
WHEREAS, Granite Crest determined that other
than ongoing obligations under certain Conditions Covenants
and Restrictions (“CC&Rs”)
that run with the land, Granite Crest has no present interest
in the property which is the subject of this action, and
therefore no interest in this matter, including any interest
in any determination this Court may make in relation to
declaratory relief and/or quiet title, except that a
determination of this Court has the potential to result in
the renewal of previously held rights; nevertheless, Granite
Crest claims no current interest, title, or rights in
relation to the subject property, except as otherwise
WHERAS, to the extent Granite Crest may have
any legally recognized current interest, right, or title in
relation to U.S. Bank's causes of action and/or claim(s)
for relief, Granite Crest hereby disclaims any such right,
interest, or title, and therefore disclaims any interest in
any determination, order, and/or judgment this Court may
issue in relation to U.S. Bank's quiet title and/or
declaratory relief causes of action;
WHEREAS the foregoing notwithstanding,
Granite Crest acknowledges and agrees that even though it
disclaims any interest, right, or title in relation to U.S.
Bank's causes of action, it nevertheless agrees it shall
be bound by any determination, order, and/or judgment this
Court may issue in relation to said claims; 6.
WHEREAS, U.S. Bank, having reviewed the
foregoing, agrees and verifies that it does not seek monetary
relief from Granite Crest in relation to any of its causes of
action against Granite Crest whatsoever;
NOW THEREFORE, based upon the
representations, agreements, and stipulations contained
herein, U.S. Bank and Granite Crest hereby stipulate and
agree that following Granite Crest's disclaimer of
interest and agreement to be bound by any non-monetary order
of this Court, that Granite Crest shall be dismissed from
this matter, with each party bearing their own costs;
NOW THEREFORE, Granite Crest's dismissal
from this action notwithstanding, Granite Crest nevertheless
agrees to voluntarily make its “person most
knowledgable” available for any deposition and trial on
the merits in this matter and to further participate in
requests for documents from any party in this matter, without
requiring the imposition of a subpoena.