Ditech Financial LLC v. T-Shack, Inc. et al, No. 2:2016cv02615 - Document 70 (D. Nev. 2021)

Court Description: ORDER granting 69 Stipulation to Dismiss Claims for Attorney's Fees. Plaintiff T-SHACK, INC.'s claims for monetary relief, including those seeking attorneys' fees and costs, as set forth in its 22 Answer to the underlying Complaint filed in this action be dismissed. Signed by Judge Richard F. Boulware, II on 1/12/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Ditech Financial LLC v. T-Shack, Inc. et al 1 2 3 4 Doc. 70 COLT B. DODRILL, ESQ. Nevada Bar No. 9000 WOLFE & WYMAN LLP 6757 Spencer Street Las Vegas, NV 89119 Telephone: (702) 476-0100 Facsimile: (702) 476-0101 cbdodrill@ww.law 5 6 Attorneys for Plaintiff DITECH FINANCIAL LLC 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 DITECH FINANCIAL LLC, 12 STIPULATION AND ORDER TO DISMISS CLAIMS FOR ATTORNEYS’S FEES AND COSTS Plaintiff, 13 14 Case No. 2:16-cv-02615-RFB-VCF v. T-SHACK, INC.; SUNDANCE HOMEOWNERS ASSOCIATION, INC., 15 Defendants. 16 17 18 19 20 DITECH FINANCIAL LLP and T-SHACK INC. by and through their attorneys of record, hereby stipulate as follows: 21 1. On February 11, 2019, Ditech Holding Corporation and its debtor affiliates (including 22 Defendant Ditech Financial LLC ("Ditech")) each commenced a voluntary case under 23 chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the 24 Southern District of New York (the "Bankruptcy Court"). Ditech's chapter 11 cases are 25 indexed at case number 19-10412 (JLG). 26 2. On September 26, 2019, the Bankruptcy Court entered the Order Confirming the Third 27 Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors 28 1 3824850.1 Dockets.Justia.com 1 (ECF No. 1404). This order approved the terms of the Third Amended Joint Chapter 11 Plan 2 of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1326) (the "Plan"). 3 3. The Plan contains Section 10.5 which provides for a permanent injunction (the "Plan 4 Injunction") that specifically prohibits Parties from prosecuting against Ditech any claim that 5 arose prior to September 30, 2019 (the Effective Date of Ditech's Plan) seeking monetary 6 relief (including claims seeking attorneys’ fees and costs). 4. The claims for monetary relief of Defendant T-Shack, Inc. (“T-Shack”) as against Ditech, are 7 8 therefore barred by the Plan Injunction as they arose prior to the Effective Date of the Plan. 9 5. Ditech and T-Shack, pursuant to Fed. R. Civ. P. 41, hereby agree as follows: 10 Ditech and T-Shack agree that all claims and requests seeking monetary relief, including 11 those seeking attorneys’ fees and costs contained in clause four on page 18 of T-Shack’s March 22, 12 2017 Answer to Complaint (ECF No. 22) (the “Answer”) are dismissed as against Ditech. To the 13 extent that this stipulation is not found to be sufficient to dismiss T-Shack’s claims for 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 3824850.1 1 monetary relief under Rule 41, T-Shack agrees to seek to amend the Answer solely with respect to 2 the matters set forth in this paragraph pursuant to Fed. R. Civ. P. 15. IT IS SO STIPULATED. 3 4 DATED: January 12, 2021 WOLFE & WYMAN LLP 5 By:/s/Colt B. Dodrill COLT B. DODRILL, ESQ. Nevada Bar No. 9000 6757 Spencer Street Las Vegas, NV 89119 cbdodrill@ww.law Attorneys for Plaintiff DITECH FINANCIAL LLC 6 7 8 9 10 11 DATED: January 12 __, 2021 BLACK & WADHAMS 12 /s/ Christopher V. Yergensen By: ________________________________ CHRISTOPHER V. YERGENSEN, ESQ. Nevada Bar No. 6183 10777 W. Twain Ave., Suite 300 Las Vegas, NV 89135 Attorneys for Defendant T-SHACK, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 3824850.1 ORDER 1 2 By stipulation of the parties and good cause appearing therefore, the Court orders as follows: 3 IT IS HEREBY ORDERED THAT Plaintiff T-SHACK, INC.’s claims for monetary relief, 4 including those seeking attorneys’ fees and costs, as set forth in its Answer to the underlying 5 Complaint filed in this action be dismissed. IT IS SO ORDERED. 6 7 8 Dated: _________________, 2021 January 12 ___________________________________ JUDGE OF THE U.S. DISTRICT COURT 9 10 11 12 13 14 15 Respectfully submitted by: By: /s/ Colt B. Dodrill COLT B. DODRILL, ESQ. Nevada Bar No. 9000 WOLFE & WYMAN LLP 6757 Spencer Street Las Vegas, NV 89119 Attorneys for Plaintiff DITECH FINANCIAL LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 4 3824850.1 CERTIFICATE OF SERVICE 1 2 On January 12, 2021, I served the STIPULATION AND ORDER TO DISMISS CLAIMS 3 FOR ATTORNEYS’S FEES AND COSTS by the following means to the persons as listed below: 4 5 X a. ECF System (you must attach the “Notice of Electronic Filing”, or list all persons and addresses and attach additional paper if necessary): 6 Christopher V. Yergensen, Esq. Nevada Bar No. 6183 BLACK & WADHAMS 10777 W. Twain Ave., Suite 300 Las Vegas, NV 89135 T: 702-869-8801 Attorneys for Defendant T-SHACK, INC. 7 8 9 10 b. 11 12 United States Mail, postage fully pre-paid (List persons and addresses. Attach additional paper if necessary): 13 By: /s/Kathleen S. Gambill Kathleen S. Gambill An employee of Wolfe & Wyman LLP 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 3824850.1 Kathy S. Gambill From: Sent: To: Cc: Subject: Christopher Yergensen <cyergensen@blackwadhams.law> Tuesday, January 12, 2021 11:10 AM Colt B. Dodrill david.hill@weil.com; cliff.sonkin@weil.com RE: Ditech Financial, LLC v. T-Shack, Inc. (USDC Case Nos. 2:16-cv-02812 & 2:16-cv-02615) / W&W File Nos. 1556-267 and 1556-276 This message is from an external sender. Use caution when opening links & attachments. These are acceptable. Feel free to use my esignature to file. Chris Yergensen, Esq. Attorney p: (702)869-8801 f: (702)869-2669 a: 10777 W. Twain Avenue, Suite 300 Las Vegas, NV 89135 w: www.blackwadhams.law e: cyergensen@blackwadhams.law This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510 and 2521 and may be legally privileged. This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient, you are hereby notified that any dissemination, duplication or distribution of all, or any part of this message, or any file associated with this message, is strictly prohibited. If you have received this communication in error, please notify Black & Wadhams immediately by telephone (702-869-8801) and destroy the original message. Please be further advised that any message sent to or from Black & Wadhams may be monitored. From: Kathy S. Gambill <ksgambill@ww.law> On Behalf Of Colt B. Dodrill Sent: Tuesday, January 12, 2021 10:17 AM To: Christopher Yergensen <cyergensen@blackwadhams.law> Cc: david.hill@weil.com; cliff.sonkin@weil.com; Colt B. Dodrill <cbdodrill@ww.law> Subject: Ditech Financial, LLC v. T-Shack, Inc. (USDC Case Nos. 2:16-cv-02812 & 2:16-cv-02615) / W&W File Nos. 1556267 and 1556-276 Dear Mr. Yergensen: On behalf of Colt B. Dodrill, attached please find two stipulations regarding the dismissing of Plaintiff’s claims for monetary relief as set forth in its answer to the underlying Complaint in the above-referenced actions. Please advise if you approve and if we have authorization to file. Thank you. Kathy 1 Kathleen S. Gambill Secretarial Services Manager WOLFE & WYMAN LLP 2301 Dupont Drive, Suite 300 • Irvine, CA 92612-7531 Tel. (949) 475-9200 • Fax (949) 475-9203 Email: ksgambill@ww.law This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. You will be promptly reimbursed for all costs of mailing. Thank you. 2