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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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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,

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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.

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On September 30, 2016 this Court issued an order addressing cross motions for

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summary judgment. (ECF No. 57.) The Court deferred ruling on certain issues that

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involved an analysis of the constitutionality of NRS Chapter 116’s notice provisions and

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issued a temporary stay pending the issuance of a mandate in Bourne Valley Court Trust

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v. Wells Fargo Bank, NA, No. 15-15233 (9th Cir. 2016). (Id. at 8.) The Court also issued a

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stay in a number of similar cases.

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The Ninth Circuit issued the mandate on December 14, 2016, after denying a

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petition for en banc hearing and a petition for a stay pending the resolution of a petition

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for writ of certiorari. Bourne Valley Court Trust v. Wells Fargo Bank, NA, No. 15-15233

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(9th Cir. Dec. 14, 2016) (mandate). The appellee specifically cited one of this Court’s stay

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orders in its request for a stay of the Ninth Circuit’s mandate, arguing that delaying the

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mandate would promote efficiency. Nevertheless, the Ninth Circuit denied appellee’s

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motion. Thus, Bourne Valley’s holding is binding precedent unless and until it is reversed,

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though such finality may not occur for months. Under these circumstances, the Court finds

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that a continued stay would not promote fairness or “secure the just, speedy, and

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inexpensive determination” of this case as mandated under Fed. R. Civ. P. 1.

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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.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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