Opinion
CASE NO. 2:12-cv-01767-GMN-PAL
01-11-2013
JEFFREY D. HART AND ANITA L. HART, Plaintiffs, v. US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-WWF1 BY ITS ATTORNEY IN FACT WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC.; AMERICA'S SERVICING COMPANY; and NATIONAL DEFAULT SERVICING CORPORATION; and DOES I through X, and ROES I through X, inclusive Defendants.
Amy F. Sorenson, Esq. Nevada Bar No. 12495 Erica J. Stutman Nevada Bar No. 10794 SNELL & WILMER L.L.P. [ p Attorneys for US Bank National Association as Trustee for Asset- Backed Pass-Through Certificates, Series 2004-WWF1 by its Attorney in Fact Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Home Mortgage, Inc. and Wells Fargo Bank, N.A., named as America's Servicing Company
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Erica J. Stutman
Nevada Bar No. 10794
SNELL & WILMER L.L.P.
Attorneys for US Bank National Association as Trustee for Asset-
Backed Pass-Through Certificates, Series 2004-WWF1 by its
Attorney in Fact Wells Fargo Bank, N.A., Successor by Merger to
Wells Fargo Home Mortgage, Inc. and Wells Fargo Bank, N.A.,
named as America's Servicing Company
STIPULATION AND ORDER TO
DISMISS COMPLAINT WITH
PREJUDICE
Plaintiffs Jeffrey D. Hart and Anita L. Hart ("Plaintiffs") and Defendants US Bank National Association as Trustee for Asset-Backed Pass-Through Certificates, Series 2004-WWF1 by its Attorney in Fact Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Home Mortgage, Inc. ("US Bank"), Wells Fargo Bank, N.A., named as America's Servicing Company ("Wells Fargo,"), and National Default Servicing Corporation ("NDSC," together with US Bank and Wells Fargo, "Defendants") stipulate as follows:
1. The Complaint is dismissed in its entirety with prejudice.
2. The preliminary injunction issued in Clark County District Court Case No. A-12-667883-C is dissolved.
3. Each party will bear its own attorneys' fees and costs in this matter and in the related Clark County District Court action.
4. Defendants will postpone the trustee's sale of the real property located at 10741 Huntington Hills Drive, Las Vegas, Nevada 89144 (the "Property"), to be held no earlier than thirty (30) days after the Order upon this Stipulation (the "Order") is entered by this Court.
5. Plaintiffs will vacate the Property within thirty (30) days after the Order is entered, and will leave the Property in a safe and secure condition.
6. All funds ordered by the Clark County District Court to be paid into court or to Plaintiffs' counsel will be returned to Plaintiffs.
7. Plaintiffs will file a copy of the Order in the aforementioned case in Clark County District Court within ten (10) days following the Court's entry of the Order to Dismiss, and agree to file any additional pleadings as may be necessary to dissolve the injunction and dismiss the Clark County District Court action with prejudice.
SNELL & WILMER L.L.P. By: _______________
Amy F. Sorenson, Esq. (#12495)
3883 Howard Hughes Pkwy., Ste 1100
Las Vegas, NV 89169
Erica J. Stutman (#10794)
One Arizona Center
Phoenix, AZ 85004
Attorneys for US Bank National Association as Trustee
for Asset-Backed Pass-Through Certificates, Series
2004-WWWF1 by its Attorney in Fact Wells Fargo Bank, N.A.,
Successor by Merger to Wells Fargo Home Mortgage, Inc.
and Wells Fargo Bank, N.A., named as America's Servicing Company
TIFFANY & BOSCO, P.A. By: _______________
Gregory L. Wilde, Esq. (#4417)
Kevin S. Soderstrom, Esq. (#10235)
212 S. Jones Blvd.
Las Vegas, NV 89107
Telephone: (702) 784-5200
Attorneys for Defendant National Default
Servicing Corporation
By: _______________
Susan A. Segel (fka Trautmann), Esq.
(#8910)
624 South 10th Street
Las Vegas, NV 89101
Telephone: (702) 252-0520
Attorneys for Plaintiffs
ORDER
IT IS SO ORDERED this 11th day of January, 2013.
_______________
Gloria M. Navarro
United States District Judge