U.S. Bank, N.A. v. Emerald Ridge Landscape Maintenance Association et al

Filing 60

ORDER LIFTING STAY. The temporary stay is lifted. The parties may file motions addressing the issues upon which the Court deferred ruling within 30 days. Signed by Judge Miranda M. Du on 1/19/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 9 10 11 U.S. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION, MORTGAGE-PASS THROUGH CERTIFICATES, SERIES 2004-C, 12 13 14 15 16 17 Case No. 2:15-cv-00117-MMD-PAL ORDER LIFTING STAY Plaintiff, v. EMERALD RIDGE LANDSCAPE MAINTENANCE ASSOCIATION; SFR INVESTMENTS POOL I, LLC; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. 18 On September 30, 2016 this Court issued an order addressing cross motions for 19 summary judgment. (ECF No. 57.) The Court deferred ruling on certain issues that 20 involved an analysis of the constitutionality of NRS Chapter 116’s notice provisions and 21 issued a temporary stay pending the issuance of a mandate in Bourne Valley Court Trust 22 v. Wells Fargo Bank, NA, No. 15-15233 (9th Cir. 2016). (Id. at 8.) The Court also issued a 23 stay in a number of similar cases. 24 The Ninth Circuit issued the mandate on December 14, 2016, after denying a 25 petition for en banc hearing and a petition for a stay pending the resolution of a petition 26 for writ of certiorari. Bourne Valley Court Trust v. Wells Fargo Bank, NA, No. 15-15233 27 (9th Cir. Dec. 14, 2016) (mandate). The appellee specifically cited one of this Court’s stay 28 orders in its request for a stay of the Ninth Circuit’s mandate, arguing that delaying the 1 mandate would promote efficiency. Nevertheless, the Ninth Circuit denied appellee’s 2 motion. Thus, Bourne Valley’s holding is binding precedent unless and until it is reversed, 3 though such finality may not occur for months. Under these circumstances, the Court finds 4 that a continued stay would not promote fairness or “secure the just, speedy, and 5 inexpensive determination” of this case as mandated under Fed. R. Civ. P. 1. 6 7 8 Accordingly, the temporary stay will be lifted. The parties may file motions addressing the issues upon which the Court deferred ruling within thirty (30) days. DATED THIS 19th day of January 2017. 9 10 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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