Las Vegas Rental & Repair, LLC Series 55 v. Ettensperger, et al.

Filing 46

ORDER. IT IS ORDERED that 45 Plaintiff's Motion to Stay Proceedings Pending U.S. Supreme Court Determination of Lightfoot v. Cendant Mortgage Corp. is GRANTED. IT IS FURTHER ORDERED that Counsel for the parties shall have 14 days f rom the Supreme Court's decision in Lightfoot in which to file a joint status report stating the parties' position with respect to the impact of the decision on this case. Signed by Magistrate Judge Peggy A. Leen on 12/27/16. (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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***

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LAS VEGAS RENTAL & REPAIR, LLC
SERIES 55,
v.
FEDERAL
NATIONAL
ASSOCIATION, et al.,

Case No. 2:15-cv-01703-LDG-PAL
ORDER

Plaintiff,

(Mot Stay – ECF No. 45)

MORTGAGE
Defendants.

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Before the court is Plaintiff’s Motion to Stay Proceedings Pending U.S. Supreme Court

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Determination of Lightfoot v. Cendant Mortgage Corp. (ECF No. 45). No opposition has been

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filed and the time for filing an opposition has expired. This is a quiet title and declaratory relief

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case involving real property purchased by Plaintiff in an HOA lien foreclosure sale in April 2013.

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It was initially filed in state court. The Federal National Mortgage Association (“Fannie Mac”)

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allegedly took and recorded an assignment of a deed of trust two years after the foreclosure. Fannie

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Mac removed the case based on the “sue or be sued” clause of its federal charter, 12 U.S.C. Section

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1723a(a). The district judge denied Plaintiff’s motion to remand based on the Ninth Circuit’s

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decision in Lightfoot v Cendant Mortg. Corp, 769 F 3d 681, 682 (9th Cir 2014) which the Supreme

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Court has now accepted for review based on a split in the circuit courts of appeal. Plaintiff argues

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that the Lightfoot case will be dispositive of whether this court has subject matter jurisdiction, and

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a decision is expected this term in May or June 2017.

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No opposition has been filed, the time for filing an opposition has now run, and the request

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to stay is based on the Supreme Court’s consideration of this court’s subject matter jurisdiction

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under the Ninth Circuit’s Lightfoot decision in light of a circuit split. For good cause shown,

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IT IS ORDERED that:

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1. Plaintiff’s Motion to Stay Proceedings Pending U.S. Supreme Court Determination of

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Lightfoot v. Cendant Mortgage Corp. (ECF No. 45) is GRANTED.

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2. Counsel for the parties shall have 14 days from the Supreme Court’s decision in

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Lightfoot in which to file a joint status report stating the parties’ position with respect

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to the impact of the decision on this case.

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DATED this 27th day of December, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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