National Default Servicing Corporation v. Cordova

} ADAM H. CLARKSON, ESQ.

Nevada State Bar Number 10003

MATTHEW J. MCALONIS, ESQ.

Nevada State Bar Number 11203

KEVIN S. SODERSTROM, ESQ.

Nevada State Bar Number 10235

THE CLARKSON LAW GROUP, P.C.

3230 S. Buffalo Drive, Suite 108

Las Vegas, Nevada 89117

Phone: 702-462-5700

Facsimile 702-446-6234 [email protected] [email protected] [email protected]

Attorneys for Smithridge Park Townhouse

Association, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

ATIONAL DEFAULT SERVICING Case No. 3:21-cv-00051-HDM-CLB CORPORATION,

Plaintif€ ORDER GRANTING

STIPULATION FOR JUDGMENT IN VS. FAVOR OF DEFENDANT SMITHRIDGE PARK TOWNHOUSE ASSOCIATION, PASQUAL CORDOVA; UNITED STATES INC., FOR DISBURSEMENT OF

INTERNAL REVENUE SERVICE; INTERPLEADER FUNDS, AND FOR SMITHRIDGE PARK TOWNHOUSE CLOSING OF CASE

ASSOCIATION, INC.; DOES 1 through 10 and ROE BUSINESS ENTITIES 1 through

10, inclusive,

Defendants.

Whereas the instant action is an interpleader action commenced by Plaintiff National Default Servicing Corporation (“NDSC”) on August 28, 2020 in relation to certain excess proceeds from a trustee's sale of 26 Smithridge Park, Reno, Nevada, 89502 by NDSC; and Whereas NDSC filed a Motion to Interplead Excess Proceeds and to Dismiss Plaintiff No. 22) on April 21, 2021 seeking an Order from the Court directing NDSC to deposit into the Court registry the excess proceeds from the trustee's sale, less reasonable attorney's fees and {costs in the amount of $4,710.00, for total interpleader funds in the amount of $67,721.72 (“Interpleader Funds”) and dismissing NDSC as a party to this action; and Whereas Defendant United States Internal Revenue Service (“IRS”) filed a Disclaimer of Interest and Request for Dismissal as a Party to This Action (ECF No. 28) on May 6, 2021, disclaiming any interest in the Interpleader Funds and requesting dismissal of IRS as a party to this action; and

Whereas an Order was entered by the Court on May 11, 2021 (ECF No. 29) directing to deposit the Interpleader Funds into the Court registry and dismissing NDSC with prejudice as a party to this action upon the deposit of the Interpleader Funds into the Court registry; and

Whereas an Order was entered by the Court on June 1, 2021 (ECF No. 30) dismissing IRS as a party to this action; and

Whereas NDSC deposited the Interpleader Funds into the Court registry on June 7, 2021 (ECF Nos. 31 and 32); and

Whereas Defendant Pasqual Cordova (“Cordova”) hereby disclaims any interest in the Interpleader Funds;

It is hereby Stipulated and Agreed, by and between Cordova and Defendant Smithridge Park Townhouse Association, Inc. (“Smithridge”), by and through their respective counsel, that judgment be entered in favor of Smithridge on its claim to the Interpleader Funds in the amount of $67,721.72 and that the Clerk of the Court be directed to disburse the Interpleader Funds to Smithridge, to be delivered to and made payable to its counsel of record, “The Clarkson Law Group, P.C.”

It is further Stipulated and Agreed that each party shall bear its own attorney’s fees and costs of this action.

It is further Stipulated and Agreed that this case shall be closed upon entry of judgment in favor of Smithridge and disbursement of the Interpleader Funds to Smithridge. ] Dated this 9" day of June, 2021. Dated this 8" day of June, 2021. } THE CLARKSON LAW GROUP, P.C. LIPPMAN RECUPERO /s/ Matthew J. McAlonis /s/ Whitney C. Wilcher ADAM H. CLARKSON, ESQ. WHITNEY C. WILCHER, ESQ.

Nevada State Bar Number 10003 Nevada State Bar Number 7212 MATTHEW J. MCALONIS, ESQ. 400 South 4" Street, Suite 500 Nevada State Bar Number 11203 Las Vegas, NV 89101 KEVIN S. SODERSTROM, ESQ. Attorney for Defendant Pasqual Cordova Nevada State Bar Number 10235

3230 South Buffalo Drive, Suite 108

Las Vegas, NV 89117

Attorneys for Defendant Smithridge Park

Townhouse Association, Inc.

IT IS SO ORDERED.

Dated this 11th day of June, 2021. a2 buat’ D ft tk Mod UNITED STATES DISTRICT JUDGE