WRIGHT, FINLAY & ZAK, LLP
Robin Prema Wright, Esq,
Nevada Bar No. 009296
Donna M. Osborn, Esq,
Nevada Bar No. 006527
Attorneys for Defendants,
US Bank, N.A, and Mortgage Electronic Registration Systems. Inc.
STIPULATION AND ORDER FOR
DISMISSAL OF CASE
The parties hereby having reached an agreement and for good cause appearing; WHEREAS, on October 15, 2010, Plaintiffs, BALDOMERO VILLA and EDERLINDA VILLA, filed a Complaint in the Clark County District Court Case Number A-l 0-627424 which was reopened as the above captioned case. Plaintiff alleged causes of action including l)Voiding of the Silver State Deed of Trust; 2) Quiet Title; 3) Lack of Standing to Foreclose; 4) Fraudulent Misrepresentation against all Defendants; 5) Fraudulent Concealment; 6) Unjust Enrichment & Civil Conspiracy; and 7) Tortious Act of Conversion.
WHEREAS, the parties entered into an Agreement to settle the matter, and have completely executed an Agreement memorializing the terms of the Agreement.
Pursuant to the terms of the settlement, the parties agree and stipulate as follows:
IT IS HEREBY STIPULATED between Plaintiffs BALDOMERO VILLA and EDERLINDA VILLA, by and through their counsel of John Peter Lee Ltd., and Defendants U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE FUNDING LLC MORTGAGE BACKED CERTIFICATES SERIES 2007-2 AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CAL-WESTERN RECONVEYANCE CORPORATION; CHEVY CHASE BANK FSB; AND CAPITAL ONE, N. A., hereinafter collectively referred to as ("Defendants"), by and through their counsel of record, Donna M. Osborn, Esq. of WRIGHT, FINLAY & ZAK, LLP, that the case shall be dismissed as to all Defendants with prejudice.
IT IS FURTHER STIPULATED that the Clerk of Court shall issue a refund of all funds held pursuant to the Temporary Restraining Order, to be payable to "U.S. Bank National Association" and mailed to Donna M. Osbom at Wright Finlay & Zak LLP at 5532 South Fort Apache Road, Suite 100, Las Vegas Nevada 89148,
IT IS FURTHER STIPULATED between the parties that each side shall bear their own fees and costs.
Submitted by:
WRIGHT FINLAY & ZAK, LLP
________________________
Donna M. Osborn, Esq.
Nevada Bar No. 006527
Attorneys for Defendants,
US Bank, N.A. and Mortgage Electronic
Registration Systems, Inc.
Approved by
Law Office of John Peter Lee,
________________________
John Peter Lee, Esq.,
Yvette R. Freedman, Esq
Attorney for Appellants/Plaintiffs
Approved by
PITEDUNCAN LLP
________________________
Gregg A. Hubley, Esq.
Nevada Bar No. 007386
Attorney for Defendant
Cal Western Reconveyance Corporation
ORDER
PURSUANT to the Stipulation above and for good causa appearing: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Complaint is hereby dismissed with prejudice as to Defendants, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO CHEVY CHASE FUNDING LLC MORTGAGE BACKED CERTIFICATES SERIES 2007-2 AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CAL-WESTERN RECONVEYANCE CORPORATION; CHEVY CHASE BANK FSB; AND CAPITAL ONE, N.A., and all other Defendants.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Clerk of Court shall issue a refund of all funds held pursuant to the Temporary Restraining Order, to be payable to "U.S. Bank National Association" and mailed to Donna M. Osborn at Wright Finlay & Zak LLP at 5532 South Fort Apache Road, Suite 100, Las Vegas Nevada 89148.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each side is to bear their own fees and costs.
IT IS FURTHER ORDERED ADJUDGED AND DECREED that this case is hereby closed.
IT IS SO ORDERED.
________________________
US DISTRICT COURT JUDGE