Alessi & Koenig LLC v. Byron et al

Filing 21

ORDER that 19 Motion to Stay All Proceedings is GRANTED.The parties shall file a joint status report with the court every 90 days until the Ninth Circuit decides the appeal in the related case, Case No. 2:15-cv-00043-GMN-VCF. Signed by Magistrate Judge Peggy A. Leen on 12/7/15. (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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***

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ALESSI & KOENIG, LLC,

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Plaintiff,

ORDER

v.

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Case No. 2:15-cv-00808-GMN-PAL

(Mot Stay – Dkt. #19)
DAVID BYRON, et al.,
Defendants.

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Before the court is Defendant Federal National Mortgage Association’s Motion to Stay

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All Proceedings (Dkt. #19) filed October 20, 2015. The court has reviewed the motion and

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Plaintiff’s Notice of Non-Opposition to Motion (Dkt. #20) filed October 20, 2015.

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Defendant requests a stay of this case pending a final judgment and exhaustion of appeal

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in the related case in this court, Case No. 2:15-cv-00043-GMN-VCF which involves an identical

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legal issue concerning whether Fannie Mae’s interest in property foreclosed upon in an HOA lien

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foreclosure is protected by 12 U.S.C. Section 4617(j)(3) which, it argues, preempts NRS Chapter

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116 unless the Federal Housing Finance Agency consents to the foreclosure. In the related case

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Chief Judge Navarro grantee Fannie Mae’s motion for summary judgment finding its interest in

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the property was not affected or extinguished by the HOA foreclosure sale because Section

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4617(j)(3) preempts NRS 116.3116. An Amended Final Judgment (Dkt. #66) was entered in the

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related case on November 23, 2015 which will be appealed to the Ninth Circuit. This case

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involves distribution of sale proceeds of an HOA foreclosure sale in possession of Alessi &

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Koenig, LLC. The parties seek to avoid expenditure of resources while the Ninth Circuit decides

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the federal preemption issue.

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For good cause shown,
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IT IS ORDERED that:

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1. The Motion to Stay All Proceedings (Dkt. #19) is GRANTED.

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2. The parties shall file a joint status report with the court every 90 days until the Ninth

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Circuit decides the appeal in the related case, Case No. 2:15-cv-00043-GMN-VCF.

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DATED this 7th day of December, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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