ROGER P. CROTEAU, ESQ. Nevada Bar No. 4958 TIMOTHY E. RHODA, ESQ. Nevada Bar No. 7878 ROGER P. CROTEAU & ASSOCIATES, LTD. Attorney for Plaintiff THUNDER PROPERTIES, INC.
ROGER P. CROTEAU & ASSOCIATES, LTD. ROGER P. CROTEAU, ESQ. Nevada Bar No. 4958 TIMOTHY E. RHODA, ESQ. Nevada Bar No. 7878 Attorney for Plaintiff THUNDER PROPERTIES, INC.
ROGER P. CROTEAU & ASSOCIATES, LTD. ROGER P. CROTEAU, ESQ. Nevada Bar No. 4958 TIMOTHY E. RHODA, ESQ. Nevada Bar No. 7878 Attorney for Plaintiff THUNDER PROPERTIES, INC.
MOTION TO RELEASE BONDS
COMES NOW, Plaintiff, THUNDER PROPERTIES, INC., by and through its attorneys, ROGER P. CROTEAU & ASSOCIATES, LTD., and hereby moves this Honorable Court to release the bonds posted on behalf of the Plaintiff herein on April 17, 2014 and July 28, 2014, together with any appropriate interest. This Motion is based upon the pleadings and papers on file herein and the attached Memorandum of Points and Authorities.
MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF RELEVANT FACTS
The Plaintiff herein, Thunder Properties, Inc., posted two separate cash bonds in the amount of $900.00 each herein in 2014. See Exhibits 1 and 2, attached hereto and incorporated herein by reference. The first was posted on April 17, 2014 and the second was posted on June 28, 2014. Id. The bonds were posted in association with a stipulated order entered on April 15, 2014. [ECF #20].
Judgment was entered in favor of Defendant, Bank of America, N.A., on February 28, 2017. [ECF #101]. A subsequent appeal was dismissed on January 26, 2018 [ECF #109], after the parties entered into a confidential settlement agreement and mutual release. Pursuant to the confidential settlement agreement and mutual release, the parties released all claims related to the subject matter of this litigation. Upon dismissal of the appeal, the action was fully and finally resolved; however, the bonds that were posted with the Clerk of Court have not been refunded to date.
The dispute that was the subject of the Plaintiff's Complaint has been fully and finally resolved. No claim was made to the bonds by any party prior to the resolution of the action. Moreover, the parties entered into a confidential settlement agreement and mutual release which released any such claims. As a result, the release of the bonds is appropriate at this time.
II.
CONCLUSION
For the reasons set forth herein, Plaintiffs counsel respectfully requests that the bond posted by the Plaintiff on April 17, 2014 and June 28, 2014, in the amount of $900.00 each, together with all appropriate interest, be released and refunded to the Plaintiff, Thunder Properties, Inc., with a check being made payable to "Thunder Properties, Inc." and forwarded to Plaintiff's counsel, Roger P. Croteau & Associates, Ltd., at 2810 W. Charleston Blvd. #67, Las Vegas, Nevada 89102.
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15th day of July, 2024, I served via the United States District Court CM/ECF electronic filing system, the foregoing MOTION TO RELEASE BONDS to the following parties:
Darren T Brenner Wright, Finlay & Zak, LLP 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 702-475-7964 702-946-1345 (fax) dbrenner@wrightlegal.net Attorney for Defendant Bank of America, N.A.
Aaron R. Maurice Maurice Wood PLLC 8250 West Charleston Blvd Suite 100 Las Vegas, NV 89117 (702)463-7616 (702)463-6224 (fax) amaurice@mauricewood.com Attorney for Defendant Bank of America, N.A.
Brittany Wood Maurice Wood PLLC 8250 West Charleston Blvd Suite 100 Las Vegas, NV 89117 (702) 463-7616 (702) 463-6224 (fax) bwood@mauricewood.com Attorney for Defendant Bank of America, N.A.
Edward Dean Boyack Boyack Orme & Anthony 7432 W Sahara Ave Suite 101 Las Vegas, NV 89117 702-562-3415 702-562-3570 (fax) ted@boyacklaw.com Attorney for Cross-Defendant Wingfield Springs Community Association
Chris Yergensen Black & Wadhams 10777 W. Twain Ave. Suite 300 Las Vegas, NV 89135 702-869-8801 cyergensen@blackwadhams.law Attorney for Cross-Defendant ATC Assessment Collection Group, LLC
Gregory L Wilde Tiffany & Bosco P.A. 212 South Jones Blvd. Las Vegas, NV 89107 (702) 258-8200 (702) 258-8787 (fax) efilenv@tblaw.com Attorney for Defendant National Default Servicing Corporation
Matthew Dayton Ghidotti Berger 7251 Lake Mead Blvd., Ste 470 Las Vegas, NV 89128 949-427-2010 mdayton@ghidottiberger.com Attorney for Defendant National Default Servicing Corporation
An employee of ROGER P. CROTEAU & ASSOCIATES, LTD.
EXHIBIT 1
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