US Bank, National Association v. NV Eagles, LLC, et al

Filing 97

ORDER DIRECTING CERTIFICATION TO THE NEVADA ATTORNEY GENERAL PURSUANT TO 28 U.S.C. § 2403(b). Signed by Judge Robert C. Jones on 1/26/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS
OF BEAR STEARNS ASSET-BACKED
SECUIRITIES 1 TRUST 2006-AC5, ASSETBACKED CERTIFICATES, SERIES 2006-AC5,

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Plaintiff,

2:15-cv-00786-RCJ
ORDER DIRECTING

vs.

CERTIFICATION TO THE

NV EAGLES, LLC et al.

NEVADA ATTORNEY GENERAL

Defendants.

PURSUANT TO 28 U.S.C. § 2403(b)

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This case arises from the foreclosure of a residential property pursuant to a homeowners

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association lien. On October 6, 2015, Plaintiff U.S. Bank filed a motion for summary judgment

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(ECF No. 66) which questions the constitutionality of Nev. Rev. Stat. § 116.3116 et seq.

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Pursuant to 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 5.1(b), the Court issues this

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order directing certification to the Nevada Attorney General, having recognized that neither the

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State nor any of its agencies, officers, or employees are parties to the suit.

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IT IS SO ORDERED.

21 Dated: This 26th day of January, 2016.
Dated: _______________________
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_____________________________________
ROBERT C. JONES
United States District Judge
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Certificate Pursuant to 28 U.S.C. 2403(b)
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To: The Honorable Adam Paul Laxalt, Nevada Attorney General
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On behalf of this Court, and pursuant to 28 U.S.C. 2403(b) and Federal Rule of Civil

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Procedure 5.1(b), I certify that in this case the constitutionality of Nev. Rev. Stat. § 116.3116 et

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seq, a statute affecting the public interest, is drawn into question. The plaintiff in the suit has

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challenged the statute based on the Fourteenth Amendment to the U.S. Constitution. (See ECF

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No. 66).

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