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Bank of New York Mellon v. Thunder Properties, Inc.

United States District Court, D. Nevada

December 11, 2019

BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF ALTERNATIVE LOAN TRUST 2007-OA7, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA7, Claimant,
v.
THUNDER PROPERTIES, INC., A Nevada corporation; SUNRISE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; E. ALAN TIRAS, ESQ., an individual and E. ALAN TIRAS, P.C., a Nevada Professional Corporation, Respondent.

          WRIGHT, FINLAY & ZAK, LLP Dana Jonathon Nitz, Esq. Paterno C. Jurani, Esq. Attorneys for Plaintiff Bank of New York Mellon

          ROGER P. CROTEAU & ASSOCIATES, LTD TIMOTHY E. RHODA, ESQ. Attorney for Defendant Thunder Properties, Inc.

          LIPSON NEILSON, P.C.DAVID T. OCHOA, ESQ.Attorney for Defendant Sunrise Villas Condominium Owners Association

          LAXALT & NOMURA, LTD HOLLY S PARKER, ESQ. Attorney for Defendants E. Alan Tiras Esq. and E. Alan Tiras P.C.

          STIPULATION AND ORDER TO DISMISS PURSUANT TO SETTLEMENT

         COME NOW, Plaintiff, BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF ALTERNATIVE LOAN TRUST 2007-OA7, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA7 (“BoNYM”), Defendants, THUNDER PROPERTIES, INC. (“Thunder”), SUNRISE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION (“Sunrise”), E. ALAN TIRAS, ESQ. and E. ALAN TIRAS, P.C. (“Tiras”), (collectively, the “Parties”), by and through their undersigned attorneys hereby stipulate and agree as follows:

         WHEREAS:

         1. The real property which is the subject of this suit is commonly known as a residence commonly known as 1001 Baywood Drive, Unit A, Sparks, Nevada 89434, APN 036-372-23 hereinafter, the “Property”) and is part of the Sunrise Villas Condominium Homeowners Association;

         2. On February 24, 2016, BoNYM filed a Complaint for Quiet Title and other claims against Thunder, Sunrise and Tiras;

         3. On August 26, 2019, this Court entered an Order granting BoNYM's Motion for Summary Judgment [ECF #82] and a corresponding Final Judgment [ECF #83].

         4. On February 15, 2017, BoNYM and Tiras stipulated to dismissal of the Tiras Defendants without prejudice, and thereupon an Order approving the Stipulation was entered February 16, 2017.

         5. The Parties have now come to a resolution regarding their respective claims and interests in the Property;

         6. The Parties have executed a settlement agreement, the terms of which are confidential, but under which BoNYM agrees to relinquish its right, title and interest in the Property for agreed-upon consideration;

         7. Nothing in this Stipulation should be construed as intended to benefit any party other than BoNYM, Thunder, Sunrise and Tiras, and in particular, shall not constitute a waiver or relinquishment of any claims by BoNYM ...


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