U.S. Bank, National Association v. Premier One Holdings, Inc., et al

Filing 96

ORDER that 92 Plaintiff's Motion to Lift Stay is GRANTED. The parties may re-file any motions within 14 days of the issuance of this order. Signed by Magistrate Judge Nancy J. Koppe on 3/1/17. (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,

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Plaintiff,

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vs.

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PREMIER ONE HOLDINGS, INC., et al.,

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Defendants.

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Case No. 2:15-cv-01121-JCM-NJK

ORDER
(Docket No. 92)

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On October 4, 2016, the Court granted Defendant Premier One Holdings, Inc.’s motion to

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stay pending the Ninth Circuit’s ultimate mandate in Bourne Valley Ct. Trust v. Wells Fargo Bank,

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832 F.3d 1154 (9th Cir. 2016). Docket No. 91. Plaintiff has now filed a motion to lift the stay.

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Docket No. 92. Defendant Premier One Holdings, Inc. filed a response, and Plaintiff filed a reply.

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Docket Nos. 94, 95. The Court finds this motion properly resolved without oral argument. See

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Local Rule 78-1.

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Plaintiff submits that the Court should lift the stay because the Ninth Circuit has denied all

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post-decision motions for relief, as well as a motion to stay the mandate pending a writ of certiorari

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to the United States Supreme Court. Docket No. 92 at 2. Defendant responds that the Court should

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not lift the stay because the Nevada Supreme Court recently ruled that, contrary to the Ninth

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Circuit’s holding, the state statute at issue in this case survives a direct constitutional challenge.

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Docket No. 94 at 3 (citing Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortg.,

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133 Nev. Adv. Op. (Nev. Jan. 26, 2017)). However, as Plaintiff notes, “[i]t is well established that

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a state court’s interpretation of its statutes is binding on the federal courts unless a state law is

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inconsistent with the federal Constitution.” Hangarter v. Provident Life & Acc. Ins. Co., 373 F.3d

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998, 1012 (9th Cir. 2004) (citing Adderly v. Florida, 385 U.S. 39, 46 (1996)) (emphasis supplied).

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Here, the Ninth Circuit found that the state statute at issue is inconsistent with the due process clause

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of the federal Constitution. Bourne Valley Ct. Trust, 832 F.3d at 1160.

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Accordingly, Plaintiff’s motion to lift stay, Docket No. 92, is hereby GRANTED. The
parties may re-file any motions within 14 days of the issuance of this order.

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IT IS SO ORDERED.

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DATED: March 1, 2017.

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NANCY J. KOPPE
United States Magistrate Judge

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