Branch Bank and Trust Company v. Smoke Ranch Development, LLC et al

Filing 99

ORDER that 97 Motion to Stay Proceedings is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 6/24/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRANCH BANKING AND TRUST
COMPANY,

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Plaintiff,
ORDER

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2:12-cv-0453-KJD-NJK

vs.
Defendants’ Motion to Stay Proceedings (#97);
SMOKE RANCH DEVELOPMENT,
LLC, et al.,
Defendants.

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Before the Court is Defendants’ Motion to Stay Proceedings (#97) filed on June 14, 2013.

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BACKGROUND

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The Defendants have requested a stay in the instant action, in its entirety, pending the

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Nevada Supreme Court’s resolution of appeals regarding the retroactivity of Assembly Bill 273

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legislation and the interpretation of NRS 40.451, NRS 40.459(1)(e) and NRS 40.495. The

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Defendants previously requested this exact same stay on December 7, 2012. Docket No. 34. The

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Court denied that request on March 11, 2013, finding that the competing interests weigh in favor

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of denying the stay. Docket No. 74. In the present motion, the Defendants argue that a stay is

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appropriate because the parties dispute whether AB 273 applies in this case.

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DISCUSSION

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The Court has inherent power to control its docket, including the discretion to stay

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proceedings. Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). The determination of whether

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to stay proceedings is best determined by weighing the competing interests of the parties and of

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the Court. Id.

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“Among those competing interests are the possible damage which may result from the
granting of a stay, the hardship or inequity which a party may suffer in being required to
go forward, and the orderly course of justice measured in terms of the simplifying or
complicating of issues, proof, and questions of law which could be expected to result
from a stay.”

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Lockyer v. Mirant Corp., 398 F.3d 1098, 1110 (9th Cir. 2005); citing Landis, 299 U.S. at 268.

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Here, the entirety of the Defendants’ argument for why this case should be stayed is that,

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“given the recent status of the Action (dispute over the application of AB 273), good cause exists

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to issue a stay pending resolution of the AB 273 Appeals.” The dispute the Defendants are

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referring to is the pending Motion for Summary Judgment filed on May 1, 2013. Docket No. 82.

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In that Motion, the Defendants argue that AB273 is applicable to this case. Id. In Response, the

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Plaintiff argues that it is not. Docket No. 88.

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However, the dispute over the application of AB 273 is not “recent.” In the Plaintiff’s

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Opposition to the Defendants’ previous Motion to Stay, the Plaintiff argued that “even if the

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Nevada Supreme Court rules on the AB 273 Appeals in the manner suggested by Defendants,

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there are numerous constructional and Constitutional reasons why AB 273 still does not apply to

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this case...” and “even assuming the Nevada Supreme Court addressed each particular issue, its

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decision on such federal issues in not binding on federal courts.” Docket No. 38 at 9 (emphasis in

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original).

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Thus, the dispute over the application of AB 273 is not a new “status of the Action.”

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Further, the Defendants make no arguments concerning why the dispute over the application of

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AB 273 creates good cause nor how it is sufficient to justify a stay. Accordingly, the Court finds

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that the Defendants have not presented any reason for a stay. The Court maintains its previous

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finding that the competing interests weigh in favor of denying a stay. See Docket No. 74.

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CONCLUSION

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Based on the foregoing, and good cause appearing therefore,

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IT IS ORDERED that the Defendants’ Motion to Stay Proceedings (#97) is DENIED.

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DATED this

24th day of June, 2013.

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NANCY J. KOPPE
United States Magistrate Judge

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