United States District Court, D. Nevada
WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP SECURITIZATION TRUST, SERIES 2014-2, Plaintiff,
SATICOY BAY LLC SERIES 206 VALERIAN; CINNAMON RIDGE COMMUNITY ASSOCIATION; and NEVADA ASSOCIATION SERVICES, INC., Defendants.
WRIGHT, FINLAY & ZAK, LLP Dana Jonathon Nitz, Esq. Nevada
Bar No. 0050 Paterno C. Jurani, Esq. Nevada Bar No. 8136
Attorneys for Plaintiff/Counter-Defendant, Wilmington Trust,
National Association, not in it s individual capacity but as
Trustee of ARLP Securitization Trust, Series 2014-2
OFFICES OF MICHAEL F. BOHN, ESQ. LTD Michael F. Bohn, Esq.
Nevada Bar No. 1641 Adam R. Trippiedi, Esq. Nevada Bar No.
12294 Nikoll Nikci, Esq. Attorneys for
Defendant/Counterclaimant, Saticoy Bay LLC Series 206
STIPULATION AND ORDER TO DISMISS REMAINING CLAIMS
WITHOUT PREJUDICE AND FOR ENTRY OF FINAL JUDGMENT PURSUANT TO
FRCP 54(B) ECF NO. 78
JENNIFER DORSEY U.S. DISTRICT JUDGE.
NOW Plaintiff/Counter-Defendant, Wilmington Trust, National
Association, not in its individual capacity but as Trustee of
ARLP Securitization Trust, Series 2014-2 (“Wilmington
Trust”), Defendant/Counterclaimant, Saticoy Bay LLC
Series 206 Valerian (“Saticoy Bay”), and
Defendant, Cinnamon Ridge Community Association
(“Cinnamon Ridge” or the “HOA”)
(individually, a “Party, ” and collectively, the
“Parties”), by and through their attorneys of
record, and hereby stipulate and agree as follows:
1. The instant action is primarily one for
Quiet Title and Declaratory Relief related to real property
commonly known as 206 Valerian Street, Henderson, Nevada
89015; APN: 179-16-217-025 (the “Property”),
which was purportedly purchased by Defendant, Saticoy Bay LLC
Series 206 Valerian (“Saticoy Bay”) at a
homeowners association lien foreclosure sale on August 1,
2014 (the “HOA Sale”).
2. The Property lies within the boundaries
of a common-interest community governed by Cinnamon Ridge
3. Pursuant to Wilmington Trust's
Amended Complaint filed on January 11, 2019 [ECF No. 31],
Wilmington Trust alleges that the HOA Sale did not serve to
extinguish its security interest in the Property for various
reasons or, in the alternative, the HOA Sale was void and
4. Pursuant to Saticoy Bay's Answer to
Amended Complaint and Counterclaim filed on May 24, 2019 [ECF
No. 51], Saticoy Bay asserts that the HOA Sale served to
extinguish any and all security interests that may have then
existed against the Property, including a deed of trust owned
by Wilmington Trust.
5. In addition to its claims against Saticoy
Bay for Quiet Title/Declaratory Relief and other claims,
Wilmington Trust also alleged claims against Cinnamon Ridge
for Quiet Title/Declaratory Relief, Unjust Enrichment,
Wrongful/Defective Foreclosure, Negligence, Negligence Per
Se, Breach of Contract, Misrepresentation, and Breach of Good
Faith and Fair Dealing.
6. On February 4, 2019, Saticoy Bay filed a
Motion to Dismiss Amended Complaint [ECF No. 35]. On February
19, 2019, Cinnamon Ridge filed a Motion to Dismiss [ECF No.
7. On May 23, 2019, Wilmington Trust filed a
Motion for Summary Judgment [ECF No. 49]. On May 24, 2019,
Cinnamon Ridge filed a Motion for Summary Judgment [ECF No.
50]. Also on May 24, 2019, Saticoy Bay filed a Motion for
Summary Judgment [ECF No. 52].
8. On September 26, 2019, the Court entered
its Order Granting in Part and Denying in Part Motions for
Summary Judgment and to Dismiss [ECF No. 70]. The Court
granted summary judgment in favor of Wilmington Trust on its
and Saticoy Bay's quiet title claim, and declared that
the deed of trust survived the HOA Sale. Further, the Court
dismissed Wilmington Trust's claims for Negligence,
Negligence Per Se, and Misrepresentation against Cinnamon
Ridge. The Court also ordered a settlement conference as to
Wilmington Trust's Unjust Enrichment claim against
Saticoy Bay and Cinnamon Ridge, and its claims against
Cinnamon Ridge for Breach of Contract and Breach of Good
Faith and Fair Dealing.
9. On September 27, 2019, the Court entered
its Order setting a settlement conference for December 3,