Guinn et al v. Federal Deposit Insurance Corporation et al

Filing 59

ORDER that Counsel for the Parties file a proposed form of Order of Certification in compliance with the requirements of Rule 5 of the Nevada Rules of Appellate Procedure not later than Thursday, April 26, 2012. Denying without prejudice 28 Motion to Dismiss. Signed by Judge Philip M. Pro on 4/12/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JEFFREY B. GUINN, et al.,
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Plaintiffs,

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vs.

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FEDERAL DEPOSIT INSURANCE
CORPORATION, et al.,

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Defendants.

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2:09-CV-01809-PMP-CWH
ORDER

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The Court has considered the Joint Statement of Questions to be Certified to the

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Nevada Supreme Court (Doc. #56) filed March 26, 2012 by the Parties to this action. The

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Court finds that all three questions proposed by Plaintiffs are appropriate for certification

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and that no further argument is necessary to warrant certification of Question No. 3.

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Rule 5 of the Nevada Rules of Appellate Procedure sets forth in detail the

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requirements for certification of questions of law to the Nevada Supreme Court.
IT IS THEREFORE ORDERED that Counsel for the Parties to this action shall

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forthwith meet and confer, and shall, not later than Thursday, April 26, 2012, submit to

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this Court a proposed form of Order of Certification in compliance with the requirements of

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Rule 5 of the Nevada Rules of Appellate Procedure.

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IT IS FURTHER ORDERED that pending resolution of the questions above

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certified to the Nevada Supreme Court, Defendant Coronado Canyons, LLC and the

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Guarantor’s Motion to Dismiss (Doc. #28) is DENIED without prejudice to be re-filed

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following ruling by the Nevada Supreme Court.

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DATED: April 12, 2012.

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PHILIP M. PRO
United States District Judge

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