Branch Banking and Trust Company v. Regena Homes, LLC et al

Filing 54

ORDER Granting 52 Motion to Stay. Signed by Chief Judge Robert C. Jones on 5/28/2013. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANCH BANKING & TRUST CO.,
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Plaintiff,
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vs.
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REGINA HOMES, LLC et al.,
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Defendants.
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2:12-cv-00451-RCJ-GWF
ORDER

This is an action for deficiency after foreclosure of real estate and breach of guaranty.

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Pending before the Court is a Motion to Stay (ECF No. 52). The motion is ripe. The Court

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grants the motion to stay for the reasons recently given in another case pending before the Court.

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See Eagle SPE NV I, Inc. v. Kiley Ranch Cmtys., No. 3:12-cv-00245, 2013 WL 1792329, at *3–4

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(D. Nev. Apr. 25, 2013) (Jones, C.J.). Here, as in Eagle SPE NV I, the retroactive effect of

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Assembly Bill 273 upon section 40.459 of the Nevada Revised Statutes, the state statute that

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governs limits upon deficiency judgments, may be determinative of the amount for which

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Defendants can be held liable in this case. Consolidated oral arguments in two cases before the

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Nevada Supreme Court, Sandpointe Apartments, LLC v. Dist. Ct., No. 59507 and Nielsen v. Dist.

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Ct., No. 59823, were held on October 1, 2012, and the case was submitted for decision. Because

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the rulings on the state statute in those cases may be determinative of the present case, and

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because the ruling is expected before long, the Court agrees that a stay is appropriate.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Stay (ECF No. 52) is GRANTED.

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IT IS SO ORDERED.

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Dated this 14th day of of May, 2013.
Dated this 28th day May, 2013.

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_____________________________________
ROBERT C. JONES
United States District Judge

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