National Default Servicing Corporation v. Cordova

District Court, D. Nevada

National Default Servicing Corporation v. Cordova

Trial Court Opinion

1 |} ADAM H. CLARKSON, ESQ. Nevada State Bar Number 10003 2 || MATTHEW J. MCALONIS, ESQ. Nevada State Bar Number 11203 3 || KEVIN S. SODERSTROM, ESQ. Nevada State Bar Number 10235 4 || THE CLARKSON LAW GROUP, P.C. 3230 S. Buffalo Drive, Suite 108 5 || Las Vegas, Nevada 89117 Phone: 702-462-5700 6 || Facsimile 702-446-6234 [email protected] 7 [email protected] [email protected] 8 || Attorneys for Smithridge Park Townhouse Association, Inc. 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 ATIONAL DEFAULT SERVICING Case No. 3:21-cv-00051-HDM-CLB CORPORATION, 13 Plaintif€ ORDER GRANTING 14 STIPULATION FOR JUDGMENT IN VS. FAVOR OF DEFENDANT SMITHRIDGE 15 PARK TOWNHOUSE ASSOCIATION, PASQUAL CORDOVA; UNITED STATES INC., FOR DISBURSEMENT OF 16 INTERNAL REVENUE SERVICE; INTERPLEADER FUNDS, AND FOR SMITHRIDGE PARK TOWNHOUSE CLOSING OF CASE 17 || ASSOCIATION, INC.; DOES 1 through 10 and ROE BUSINESS ENTITIES 1 through 18 10, inclusive, 19 Defendants. 20 /// 21

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1 Whereas the instant action is an interpleader action commenced by Plaintiff National 2 || Default Servicing Corporation (“NDSC”) on August 28, 2020 in relation to certain excess 3 || proceeds from a trustee's sale of 26 Smithridge Park, Reno, Nevada, 89502 by NDSC; and 4 Whereas NDSC filed a Motion to Interplead Excess Proceeds and to Dismiss Plaintiff 5 No. 22) on April 21, 2021 seeking an Order from the Court directing NDSC to deposit into 6 || the Court registry the excess proceeds from the trustee's sale, less reasonable attorney's fees and 7 |{costs in the amount of $4,710.00, for total interpleader funds in the amount of $67,721.72 8 || (“Interpleader Funds”) and dismissing NDSC as a party to this action; and 9 Whereas Defendant United States Internal Revenue Service (“IRS”) filed a Disclaimer of 10 || Interest and Request for Dismissal as a Party to This Action (ECF No. 28) on May 6, 2021, 11 || disclaiming any interest in the Interpleader Funds and requesting dismissal of IRS as a party to 12 || this action; and 13 Whereas an Order was entered by the Court on May 11, 2021 (ECF No. 29) directing 14 to deposit the Interpleader Funds into the Court registry and dismissing NDSC with 15 || prejudice as a party to this action upon the deposit of the Interpleader Funds into the Court 16 || registry; and 17 Whereas an Order was entered by the Court on June 1, 2021 (ECF No. 30) dismissing IRS 18 || as a party to this action; and 19 Whereas NDSC deposited the Interpleader Funds into the Court registry on June 7, 2021 20 || (ECF Nos. 31 and 32); and 21 Whereas Defendant Pasqual Cordova (“Cordova”) hereby disclaims any interest in the 22 || Interpleader Funds; 23 24

1 It is hereby Stipulated and Agreed, by and between Cordova and Defendant Smithridge 2 || Park Townhouse Association, Inc. (“Smithridge”), by and through their respective counsel, that 3 ||judgment be entered in favor of Smithridge on its claim to the Interpleader Funds in the amount 4 || of $67,721.72 and that the Clerk of the Court be directed to disburse the Interpleader Funds to 5 ||Smithridge, to be delivered to and made payable to its counsel of record, “The Clarkson Law 6 || Group, P.C.” 7 It is further Stipulated and Agreed that each party shall bear its own attorney’s fees and 8 || costs of this action. 9 It is further Stipulated and Agreed that this case shall be closed upon entry of judgment in 10 || favor of Smithridge and disbursement of the Interpleader Funds to Smithridge. 11 |] Dated this 9" day of June, 2021. Dated this 8" day of June, 2021. 12 |} THE CLARKSON LAW GROUP, P.C. LIPPMAN RECUPERO 13 14 /s/ Matthew J. McAlonis /s/ Whitney C. Wilcher ADAM H. CLARKSON, ESQ. WHITNEY C. WILCHER, ESQ. 15 || Nevada State Bar Number 10003 Nevada State Bar Number 7212 MATTHEW J. MCALONIS, ESQ.

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" Street, Suite 500 16 || Nevada State Bar Number 11203 Las Vegas, NV 89101 KEVIN S. SODERSTROM, ESQ. Attorney for Defendant Pasqual Cordova 17 || Nevada State Bar Number 10235 3230 South Buffalo Drive, Suite 108 18 || Las Vegas, NV 89117 Attorneys for Defendant Smithridge Park 19 Townhouse Association, Inc. 20 IT IS SO ORDERED. 21 || Dated this 11th day of June, 2021. a2 5 buat’ D ft tk Mod UNITED STATES DISTRICT JUDGE 24

Reference

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