Kal-Mor-USA, LLC v. Bank of America, NA et al

Filing 101

ORDER. THE COURT ORDERS that 78 Canyon Willow Homeowners Association's Motion to Dismiss is DENIED without prejudice. Signed by Judge Lloyd D. George on 9/21/17. (Copies have been distributed pursuant to the NEF - MR)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 FIRST 100 LLC; KAL-MOR-USA, LLC, Plaintiff, 7 8 v. 9 BANK OF AMERICA, N.A.; RECONTRUST COMPANY, N.A., THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005-F, A REMIC TRUST; DOES I through X; and ROE CORPORATIONS I through X, inclusive, 2:13-CV-00680-LDG-NJK ORDER 10 11 12 13 14 Defendants. 15 BANK OF AMERICA, N.A. 16 Counterclaimant, 17 v. 18 KAL-MOR-USA, LLC, 19 20 Counterdef endant. BANK OF AMERICA, N.A., Cross-Claimant, 21 22 23 v. CANYON WILLOWS HOMEOWNERS ASSOCIATION; UNITED LEGAL SERVICES; and RED ROCK FINANCIAL SERVICES, 24 Cross-Defendants. 25 26 1 Cross-defendant Canyon Willow Homeowners Association (the HOA) moves to 2 dismiss cross-clamaint Bank of America, N.A.’s cross-claims (ECF No. 78). The HOA is 3 joined by cross-defendant Red Rock Financial Services (ECF No. 80). Bank of America 4 opposes the motion. 5 Canyon Willow argued, in part, that Bank of America’s claims are barred by the 6 statute of limitations. Bank of America responded that its claims were not barred 7 because its claims would not even accrue until it incurred damages, and that it would 8 incur damages only upon a declaration by this Court that its first deed of trust is invalid. 9 Subsequent to the parties’ briefing on the motion to dismiss, the Court has 10 determined that the HOA’s foreclosure sale did not extinguish Bank of America’s deed of 11 trust and has granted summary judgment in favor of the Bank of America’s counterclaims 12 and against Kal-Mor-USA LLC’s claims. As such, it would appear to the Court that Bank 13 of America’s cross-claims, as well as Canyon Willow’s motion to dismiss those claims, 14 may have been rendered moot by these subsequent proceedings. To ensure that the 15 Court does not render an advisory opinion regarding Bank of America’s cross-claims, and 16 to provide the parties an opportunity to fully address the impact of these subsequent 17 developments in this matter as relevant both to the motion to dismiss and whether Bank 18 of America may continue to prosecute its cross-claims, the Court will deny the motion to 19 dismiss without prejudice. Accordingly, 20 THE COURT ORDERS that Canyon Willow Homeowners Association’s Motion to 21 Dismiss (ECF No. 78) is DENIED without prejudice. 22 DATED this ______ day of September, 2017. 23 24 Lloyd D. George United States District Judge 25 26 2

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?