Summit Real Estate Group, Inc. v. Federal Home Loan Mortgage Coropration et al

Filing 51

ORDER Granting 50 Stipulation re Stay. Signed by Judge Kent J. Dawson on 5/1/17. (Copies have been distributed pursuant to the NEF - MR)

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KEVIN HAHN, #9821
NATHAN F. SMITH, #12642
MALCOLM ♦ CISNEROS, A Law Corporation
608 South 8th Street
Las Vegas, Nevada 89101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Federal Home Loan Mortgage
Corporation; M&T Bank

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:15-cv-00760-KJD-GWF

SUMMIT REAL ESTATE GROUP, INC.
Plaintiff,

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vs.

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FEDERAL HOME LOAN MORTGAGE
CORPORATION; FHLMC BANK, MITCHELL
LABORWIT,

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Defendants.

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STIPULATION TO CONTINUE STAY

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On March 28, 2017, the Court approved the parties’ stipulation to continue the stay of this case

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for a further 30 days pending the filing of a petition for writ of certiorari with the United States Supreme

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Court concerning the Ninth Circuit’s decision Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832

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F.3d 1154 (9th Cir. 2016). On April 3, 2017, a petition for a writ of certiorari was filed as United States

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Supreme Court case number 16-1208. The Supreme Court has not yet ruled on the petition.

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The parties also note that the Nevada Supreme Court has stayed the issuance of remittitur in

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Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortg., a Div. of Wells Fargo Bank,

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N.A., 133 Nev. Adv. Op. 5 (2017) to June 21, 2017, pending the prospective filing of Wells Fargo Home

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Mortgage’s petition for a writ of certiorari with the United States Supreme Court. Based upon the

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foregoing, the parties anticipate that the United States Supreme Court may grant certiorari and hear the

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cases jointly.

Stipulation and Order

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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. N. Am. Co., 299 U.S. 248, 254–55 (1936); Dependable

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Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007). When determining

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whether to stay a case pending the resolution of another case, a district court must consider (1) the

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possible damage that may result from a stay, (2) any “hardship or inequity” that a party may suffer if

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required to go forward, (3) “and the orderly course of justice measured in terms of the simplifying or

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complicating of issues, proof, and questions of law” that a stay will engender. Lockyer v. Mirant Corp.,

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398 F.3d 1098, 1110 (9th Cir. 2005).

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In this case, the parties submit that no damage will result from a continuance of the stay of this

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case for a further 90 days, pending the Supreme Court’s ruling on the petition for a writ of certiorari in

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the Bourne Valley case and the prospective filing of a petition for writ of certiorari with the Supreme

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Court in the Saticoy Bay case. However, should the Supreme Court deny the petition for a writ of

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certiorari in the Bourne Valley case, the parties will promptly stipulate to end the stay in this case and

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proceed with filing any dispositive motions within 30 days of the Court’s order terminating the stay of

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this case. Moreover, if the Court is not inclined to continue the stay of this case, the parties will

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promptly file a stipulation ending such stay upon denial of the instant stipulation.

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Dated: April 27, 2017

Dated: April 27, 2017

/s/ Nathan F. Smith
Nathan F. Smith, #12642
Malcolm ♦ Cisneros, A Law Corporation
608 South 8th Street
Las Vegas, Nevada 89101
Phone: [phone]

/s/ Zachary T. Ball
Zachary T. Ball, #8364
The Ball Law Group
3455 Cliff Shadows Parkway, Suite 150
Las Vegas, Nevada 89129
Phone: [phone]

Attorney for Federal Home Loan Mortgage
Corporation and M&T Bank

Attorney for Plaintiffs

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IT IS SO ORDERED.
DATED this ___ day of May, 2017
1st

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UNITED STATES DISTRICT COURT JUDGE

Stipulation and Order

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