United States District Court, D. Nevada
SPRINGLAND VILLAGE HOMEOWNERS ASSOCIATION, a Nevada Non-Profit Cooperative Corporation, Plaintiff,
JENNIE M. PEARMAN, et ah, Defendants. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
DWIGHT CARLSON AS TRUSTEE FOR PYRAMID TRIBE TR-116, Defendant. And Related Counterclaims.
ALDRIDGE PITE, LLP Jory C. Garabedian. Esq. Attorney for
Defendant Federal National Mortgage Association
& ASSOCIA TES, LTD. Karen M. Avarbe. Esq. Attorneys for
Plaintiff Springland Village Homeowners Association
STIPULATION AND ORDER TO SET ASIDE DISMISSAL WITHOUT
in the Lead Case FEDERAL NATIONAL MORTGAGE ASSOCIATION
("Fannie Mae") and Plaintiff in the Lead Case
SPRINGLAND VILLAGE HOMEOWNERS ASSOCIATION
("Springland"), by and through their respective
attorneys of record, hereby stipulate and agree as follows:
Lead Case is an interpleader action originally filed in the
Second Judicial District Court of Nevada (Washoe County) on
May 11, 2016, which seeks to disburse surplus proceeds from
an NRS 116 foreclosure sale of the real property located at
2402 Sunny Slope Drive, Unit 9, Sparks, Nevada 89434 (the
"Property") occurring on or about January 22, 2016
(hereinafter the "Lead Interpleader Case").
Fannie Mae removed the Lead Interpleader Case to this Court
on July IS, 2016 based on Fannie Mae's charter and the
Ninth Circuit decision in Lightfoot v. Cendant Mortgage
Corporation, 769 F.3d 681, 682 (9th Cir.
2014). (See Lead Case ECF No. 1).
Prior to removal of the Lead Interpleader Case, Springland
duly served the following named defendants in the Washoe
County action as follows: a.) John J. Pearman as Trustee of
the Jennie M. Pearman Revocable Living Trust Dated July 28,
2004 ("John Pearman"), on June 25, 2016; b.) Dawn
Young as Trustee of the Jennie M. Pearman Revocable Living
Trust Dated July 28, 2004 ("Dawn Young"), on June
27, 2016; c.) Shelly Pearman, individually on June 25, 2016,
and as Trustee of die Jennie M. Pearman Revocable Living
Trust Dated July 28, 2004 ("Shelly Pearman"), on
June 27, 2016; and d.) Federal Deposit Insurance Corporation
("FDIC") on July 21, 2016. See the
returned Summonses and Affidavits of Service as to the
above-named defendants attached hereto as Exhibit
“1”-”4” respectively, and which were
filed in die Washoe County action on July 15, 2016, and as to
FDIC on July 26, 2016.
Prior to removal of die Lead Interpleader Case, Springland
obtained an Order from the Court in the Washoe County case to
serve defendant Jennie M. Pearman as Trustee of the Jennie M.
Pearman Revocable Living Trust Dated July 28, 2004
("Jennie Pearman"), via publication. See
Order to serve by publication filed June 16, 2016 attached
hereto as Exhibit "5". Service by publication was
completed in accord with the Washoe County Court's Order,
and Proof of Publication was filed on July 15, 2016 in the
Washoe County action. See Exhibit "6"
of the Summonses and Affidavits of Service or the Proof
Publication were subsequently filed in the Lead Interpleader
case before this Court after removal from Washoe County.
Also, the Summonses and Affidavits of Service or the Proof of
Publication in the Lead Interpleader Case were not filed
following this Court's Notice Regarding Intention to
Dismiss Pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure filed September 20, 2017 ("Notice" - ECF
No. 31). As a result, the Court entered its Order dismissing
the defendants identified herein without prejudice on
November 2, 2017 ("Order of Dismissal without
Prejudice" ECF No. 32).
Springland and Fannie Mae STIPULATE AND AGREE, and
it is RESPECFULLY REQUESTED, that the Court's
November 2, 2017 Order of Dismissal without Prejudice be set
aside pursuant as to defendants John Pearman, Dawn Young,
Shelly Pearman, FDIC, and Jennie Pearman ("Dismissed
Interpleader Defendants"). All these Dismissed
Interpleader Defendants were duly served within the required
time from the filing of the Complaint in Interpleader on May
11, 2016 in the Washoe County action. Springland, however,
inadvertently did not file the Summonses and Affidavits of
Service and Proof of Publication in the Lead Interpleader
Case following removal to this Court of the Washoe County
action or following this Court's Notice, and only filed
the Summonses and Affidavits of Service and Proof of
Publication in the Washoe County action.
Simultaneously or immediately following the filing of this
Stipulation, Springland and Fannie Mae intend to file a
Stipulation to remand the Lead Interpleader Case
only back to Washoe County in order to complete
Springland's action to interplead and/or disburse the
surplus proceeds in accord with Nevada law. In order to
obtain a proper and complete order for interpleader and/or
disbursement of the surplus funds under Nevada law as to all
parties who were named in Washoe County action, the Order of
Dismissal without Prejudice of the Dismissed Interpleader
Defendants should be set aside.
SO STIPULATED AND AGREED.
upon the foregoing Stipulation between Fannie Mae and