My Home Now, LLC v. Bank of America, N.A.

Filing 84

ORDER STAYING CASE - This case is administratively STAYED. Once all appeals are exhausted and the mandate has issued 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 t he stay. 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 11/22/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:14-cv-01957-RFB-CWH

MY HOME NOW, LLC a Nevada limited
liability company,

ORDER
STAYING CASE

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Plaintiff,
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v.
BANK OF AMERICA, N.A., Successor by
Merger to BAC Home Loans Servicing, LP,
f/k/a Countrywide Home Loans Servicing, LP,
a National Banking Corporation and DOES I
through X, inclusive; ROE ENTITIES XI
through XX, inclusive,
Defendants.

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I.

Introduction

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On August 12, 2016, the Ninth Circuit issued its decision in Bourne Valley Court Trust v.

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Wells Fargo Bank, 2016 WL 4254983 (9th Cir. Aug. 12, 2016). In this decision, the Ninth Circuit

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declared

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unconstitutional under the Due Process clause of the United States Constitution. The Ninth Circuit

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has declined a rehearing en banc, and Appellees have indicated that they will seek certiorari at the

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United States Supreme Court.

Nevada’s

nonjudicial

statutory

foreclosure

framework

under

Chapter

116

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The ultimate resolution of this issue may have a dispositive effect upon this litigation, since

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a due process challenge has been raised in this litigation. To avoid potentially unnecessary further

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litigation, this Court stays this case pending the exhaustion of all appeals in Bourne. This Court

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further denies all motions without prejudice to being refiled upon a lifting of the stay in this case.

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II.

Discussion

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A district court has the inherent power to stay cases to control its docket and promote the

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efficient use of judicial resources. Landis v. North American Co., 299 U.S. 248, 254–55 (1936).

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When determining whether a stay is appropriate pending the resolution of another case, the district

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court must consider: (1) the possible damage that may result from a stay, (2) any hardship or

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inequity that a party may suffer if required to go forward, (3) and the orderly course of justice

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measured in terms of the simplifying or complicating of issues, proof, and questions of law that a

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stay will engender. Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066

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(9th Cir. 2007)(citations omitted). Considering these factors in the context of this case, the Court

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finds that a stay is appropriate.

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A.

Damage From A Stay

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The Court finds there is minimal, if any, damage from a stay in this case. While there is a

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potential damage in terms of the length of time to resolve this case should the Bourne panel’s

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decision be upheld, the significance or severity of this damage is negated by the fact that there

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almost certainly would have been a full appellate process even if the decision had reached the

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opposite result. This is to say that the appellate process would have had run its course for either

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side to have the finality it seeks to have clear or encumbered title to the respective property

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involved.

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B.

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The Court finds that there is no significant hardship or inequity that befalls one party more

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than the other. This relatively equal balance of equities results from the need, as noted above, for

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both parties to have finality in the appellate process in order to claim their title or interest in the

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respective property.

Hardship Or Inequity

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The Court also finds that there would an equal hardship on both parties in terms of resources

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expended if the Court did not stay this litigation. This hardship would arise from the various

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motions and supporting briefs the parties would file to preserve their respective legal positions

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regarding the ultimate decision in Bourne. By staying this case, the Court prevents this hardship

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or expenditure for both parties.

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C.

Orderly Course of Justice

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The Court finds that a stay would substantially promote the orderly course of justice in this

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case. The stay and the temporary denial of motions without prejudice will avoid the likely deluge

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of the various motions related to the precedent established (or not) by the split panel’s decision

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Bourne. Upon exhaustion of all appeals and an issuance of the mandate in Bourne, this Court will

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be in a position to completely and finally resolve the constitutional issues related to Bourne in this

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case. This will streamline and simply the proceedings and minimize the unnecessary expenditure

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of the parties’ and the Court’s time and resources.

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Additionally, the stay will last no longer than it takes for the mandate to issue in Bourne. In

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this way, the stay will be as short as it can be and still provide finality on the particular

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constitutional issues. Granted this may not necessarily be a short period of time. However, as

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noted previously, the parties would likely have had to wait this same time for finality in any event.

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III.

Conclusion

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IT IS THEREFORE ORDERED that this case is administratively STAYED. Once all

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appeals are exhausted and the mandate has issued in Bourne Valley Court Trust v. Wells Fargo

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Bank, case number 15-15233 (2:13-cv-649-PMP-NJK), any party may move to lift the stay.

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IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice to
their refiling within 20 days after the stay is lifted.

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DATED this 22nd day of November, 2016.
____________________________
RICHARD F. BOULWARE, II
United States District Court Judge

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