Kal-Mor-USA, LLC v. Bank of America, NA et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FIRST 100 LLC; KAL-MOR-USA, LLC,
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,
BANK OF AMERICA, N.A.
BANK OF AMERICA, N.A.,
CANYON WILLOWS HOMEOWNERS
ASSOCIATION; UNITED LEGAL
SERVICES; and RED ROCK FINANCIAL
Cross-defendant Canyon Willow Homeowners Association (the HOA) moves to
dismiss cross-clamaint Bank of America, N.A.’s cross-claims (ECF No. 78). The HOA is
joined by cross-defendant Red Rock Financial Services (ECF No. 80). Bank of America
opposes the motion.
Canyon Willow argued, in part, that Bank of America’s claims are barred by the
statute of limitations. Bank of America responded that its claims were not barred
because its claims would not even accrue until it incurred damages, and that it would
incur damages only upon a declaration by this Court that its first deed of trust is invalid.
Subsequent to the parties’ briefing on the motion to dismiss, the Court has
determined that the HOA’s foreclosure sale did not extinguish Bank of America’s deed of
trust and has granted summary judgment in favor of the Bank of America’s counterclaims
and against Kal-Mor-USA LLC’s claims. As such, it would appear to the Court that Bank
of America’s cross-claims, as well as Canyon Willow’s motion to dismiss those claims,
may have been rendered moot by these subsequent proceedings. To ensure that the
Court does not render an advisory opinion regarding Bank of America’s cross-claims, and
to provide the parties an opportunity to fully address the impact of these subsequent
developments in this matter as relevant both to the motion to dismiss and whether Bank
of America may continue to prosecute its cross-claims, the Court will deny the motion to
dismiss without prejudice. Accordingly,
THE COURT ORDERS that Canyon Willow Homeowners Association’s Motion to
Dismiss (ECF No. 78) is DENIED without prejudice.
DATED this ______ day of September, 2017.
Lloyd D. George
United States District Judge
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