Nevada Sand Castle, LLC v. Green Tree Servicing LLC et al
Filing
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ORDER. IT IS HEREBY ORDERED that 72 Plaintiff's Motion to Reopen Time to File an Appeal is DENIED. Signed by Chief Judge Gloria M. Navarro on 10/10/17. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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NEVADA SAND CASTLES, LLC,
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Plaintiff,
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vs.
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GREEN TREE SERVICING LLC;
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RECONTRUST COMPANY, N.A.; BANK )
OF AMERICA, NA; PRLAP, INC.; DOES I )
THROUGH X, inclusive; ROE BUSINESS
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ENTITIES I THROUGH X, inclusive,
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Defendants,
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And
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FEDERAL NATIONAL MORTGAGE
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ASSOCIATION; and FEDERAL HOUSING )
FINANCE AGENCY, as Conservator of
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Federal National Mortgage Association,
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Intervenors.
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FEDERAL NATIONAL MORTGAGE
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ASSOCIATION; FEDERAL HOUSING
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FINANCE AGENCY, as Conservator of
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Fannie Mae,
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Counterclaimants,
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vs.
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NEVADA SANDCASTLES, LLC,
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Counter-Defendant.
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Case No.: 2:15-cv-00588-GMN-VCF
ORDER
Pending before the Court is the Motion to Reopen Time to File an Appeal, (ECF No.
72), filed by Plaintiff Nevada Sand Castles, LLC (“Plaintiff”). Defendant Green Tree
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Servicing, LLC (“Defendant”) and Intervenors Federal Housing Finance Agency (“FHFA”) and
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Federal National Mortgage Association (“Fannie Mae”) (collectively “Intervenors”) filed a
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Response, (ECF No. 74).
In its Motion, Plaintiff argues that “Plaintiff was not served with notice of the entry of
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order or judgment . . . [and] has yet to receive any such notice.” (Mot. to Reopen Time to File
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an Appeal 2:20–22). However, the Court’s records show that Plaintiff’s counsel at the time of
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the entry of order and judgment did in fact receive both the order and the judgment. Although
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Plaintiff’s current counsel is different than the counsel who received the order and judgment,
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the Court effectively issued notice as required by this Circuit. See Mitchell v. United States, 331
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F. App’x 511 (9th Cir. 2009) (stating that when counsel is registered with the court’s electronic
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filing system, and a judgment is entered on such a system, the court has sufficiently provided
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notice of a judgment pursuant to Federal Rule of Civil Procedure 77(d)). The potential
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miscommunications amongst substituting counsel does not trigger the reopening of time to file
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an appeal under Federal Rule of Appellate Procedure 4(a)(6).1
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Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Motion to Reopen Time to File an Appeal,
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(ECF No. 72), is DENIED.
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DATED this _____ day of October, 2017.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge
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If Plaintiff is arguing that Plaintiff itself was denied service rather than Plaintiff’s counsel, the Court finds that
that argument lacks merit. See Fed. R. Civ. P. 5(b)(1) (“If a party is represented by an attorney, service under this
rule must be made on the attorney unless the court orders service on the party.”).
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