Ferrell Street Trust et al v. Federal Home Loan Mortgage Corporation et al
ORDER STAYING CASE. IT IS ORDERED that this case is administratively STAYED. Once the Ninth Circuit issues the mandate in Bourne Valley Court Trust v. Wells Fargo Bank, case number 15-15233 (2:13-cv-649-PMP-NJK), any party may move to lift the sta y. IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice to their refiling within 20 days after the stay is lifted. Signed by Judge Richard F. Boulware, II on 09/15/2016. (Copies have been distributed pursuant to the NEF - NEV)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No.: 2:12-cv-02028-RFB-NJK
Ferrell Street Trust
Federal Home Loan Mortgage Corporation, et al.,
On August 12, 2016, the Ninth Circuit issued its decision in Bourne Valley Court Trust v.
Wells Fargo Bank, 2016 WL 4254983 (9th Cir. Aug. 12, 2016). In this decision, the Ninth Circuit
unconstitutional under the Due Process clause of the United States Constitution. The mandate for
this decision has yet to issue. The Appellee has indicated that it will be seeking a rehearing en
banc before the Ninth Circuit.
The Ninth Circuit’s ultimate resolution of this issue may have a dispositive effect upon this
litigation, since a due process challenge has been raised in this litigation. To avoid potentially
unnecessary further litigation, this Court stays this case pending the issuance of the mandate in
Bourne. This Court further denies all motions without prejudice to being refiled upon a lifting of
the stay in this case.
A district court has the inherent power to stay cases to control its docket and promote the
efficient use of judicial resources. Landis v. North American Co., 299 U.S. 248, 254–55 (1936).
When determining whether a stay is appropriate pending the resolution of another case, the district
court must consider: (1) the possible damage that may result from a stay, (2) any hardship or
inequity that a party may suffer if required to go forward, (3) and the orderly course of justice
measured in terms of the simplifying or complicating of issues, proof, and questions of law that a
stay will engender. Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066
(9th Cir. 2007)(citations omitted). Considering these factors in the context of this case, the Court
finds that a stay is appropriate.
Damage From A Stay
The Court finds there is minimal, if any, damage from a stay in this case. While there is a
potential damage in terms of the length of time to resolve this case should the Bourne panel’s
decision be upheld, the significance or severity of this damage is negated by the fact that there
almost certainly would have been a full appellate process even if the decision had reached the
opposite result. This is to say that the appellate process would have had run its course for either
side to have the finality it seeks to have clear or encumbered title to the respective property
The Court finds that there is no significant hardship or inequity that befalls one party more
than the other. This relatively equal balance of equities results from the need, as noted above, for
both parties to have finality in the appellate process in order to claim their title or interest in the
Hardship Or Inequity
The Court also finds that there would an equal hardship on both parties in terms of resources
expended if the Court did not stay this litigation. This hardship would arise from the various
motions and supporting briefs the parties would file to preserve their respective legal positions
regarding the panel’s decision in Bourne. By staying this case, the Court prevents this hardship or
expenditure for both parties.
Orderly Course of Justice
The Court finds that a stay would substantially promote the orderly course of justice in this
case. The stay and the temporary denial of motions without prejudice will avoid the likely deluge
of the various motions related to the precedent established (or not) by the split panel’s decision
Bourne. Upon an issuance of the mandate in Bourne, this Court will be in a position to completely
and finally resolve the constitutional issues related to Bourne in this case. This will streamline and
simply the proceedings and minimize the unnecessary expenditure of the parties’ and the Court’s
time and resources.
Additionally, the stay will last no longer than it takes for the mandate to issue in Bourne. In
this way, the stay will be as short as it can be and still provide finality on the particular
constitutional issues. Granted this may not necessarily be a short period of time. However, as
noted previously, the parties would likely have had to wait this same time for finality in any event.
IT IS THEREFORE ORDERED that this case is administratively STAYED. Once the
Ninth Circuit issues the mandate in Bourne Valley Court Trust v. Wells Fargo Bank, case number
15-15233 (2:13-cv-649-PMP-NJK), any party may move to lift the stay.
IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice to
their refiling within 20 days after the stay is lifted.
Dated this 15th day of September, 2016.
RICHARD F. BOULWARE, II
United States District Court Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?