Opinion
2:14-cv-00265-RFB-EJY
04-04-2023
VALENCIA MANAGEMENT LLC, SERIES 5, a Nevada Limited Liability Company, Plaintiff, v. JOSE MENDOZA, individually; BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP; DOES I through X; and ROE CORPORATIONS I through X, Defendants.
AKERMAN LLP SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 LILITH V. XARA ESQ. Nevada Bar No. 13138, Attorneys for Bank of America, N.A. CLARK NEWBERRY LAW FIRM AIMEE CLARK NEWBERRY, ESQ. Nevada Bar No. 11084, Attorney for Plaintiff
AKERMAN LLP SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 LILITH V. XARA ESQ. Nevada Bar No. 13138, Attorneys for Bank of America, N.A.
CLARK NEWBERRY LAW FIRM AIMEE CLARK NEWBERRY, ESQ. Nevada Bar No. 11084, Attorney for Plaintiff
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Plaintiff Valencia Management LLC, Series 5 (Plaintiff) and Defendant Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP (Bank of America) (collectively the Parties) hereby stipulate and agree as follows:
Defendant Jose Mendoza and cross-defendant Nevada Association Services, Inc. have not filed appearances in this case, and thus their signatures are not required pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). Cross-defendant Falcon Ridge at Lone Mountain Homeowners Association's (the HOA) motion for summary judgment was granted on March 7, 2022, and the HOA is no longer a party to this case.
1. Plaintiff filed a Complaint on February 20, 2014, asserting a cause of action for quiet title/declaratory relief against Bank of America, among other defendants.
2. The Parties have reached a confidential settlement resolving all of the claims in the litigation.
3. All claims asserted by Plaintiff against Bank of America shall be dismissed with prejudice.
4. All claims asserted by Bank of America against Plaintiff shall be dismissed with prejudice.
5. All claims asserted by Bank of America against Nevada Association Services, Inc. shall be dismissed without prejudice.
6. Each party shall bear its own attorneys' fees and costs incurred in this litigation and settlement.
ORDER
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff Valencia Management, LLC Series 5's claims against Bank of America are dismissed with prejudice, and Bank of America's counterclaims against Plaintiff Valencia Management, LLC Series 5 are dismissed with prejudice, each party to bear their own attorney's fees and expenses. This order is a final judgment disposing of all claims asserted in this litigation.
IT IS SO ORDERED.