The Bank of New York Mellon vs. Schuetz, et al.,

Filing 19

ORDER Granting Plaintiff's 16 Motion to Partially Lift Stay Solely to Add the HOA and Related Claims. Plaintiff's 18 Motion to Amend is Granted. Pursuant to Local Rule 15-1(b) Plaintiff shall file and serve the amended pleading. Signed by Judge Andrew P. Gordon on 4/11/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF NEW YORK MELLON,

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Plaintiff,

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v.
JERRY H. SCHUETZ, et al.,

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Defendants.

Case No. 2:15-cv-01819-APG-VCF
ORDER GRANTING MOTION TO
PARTIALLY LIFT STAY AND
GRANTING MOTION TO AMEND
THE COMPLAINT
(ECF NOS. 16, 18)

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I previously entered a stay in this case. ECF No. 15. Plaintiff Bank of New York Mellon

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(BONY) moves for a partial lifting of the stay and for leave to amend the complaint to add claims

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against the homeowners’ association (HOA). BONY states that it did not previously file claims

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against the HOA because the pre-suit mediation required under Nevada state law had not been

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completed. That mediation has concluded and BONY now seeks to add claims against the HOA

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to avoid a statute of limitations issue.
BONY has shown good cause to partially lift the stay. There is no evidence of bad faith,

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undue delay, or prejudice. Sonoma Cnty. Ass’n of Retired Emps. v. Sonoma Cnty., 708 F.3d 1109,

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1117 (9th Cir. 2013). BONY has not previously amended the complaint. As to futility, issues

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surrounding the viability of BONY’s claims are the subject of the stay. Accordingly, to preserve

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all parties’ rights, I will partially lift the stay and allow BONY to amend.
IT IS THEREFORE ORDERED that plaintiff Bank of New York Mellon’s motion to lift

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stay solely to add the HOA and related claims (ECF No. 16) is GRANTED.
IT IS FURTHER ORDERED that plaintiff Bank of New York Mellon’s motion to amend

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(ECF No. 18) is GRANTED. Pursuant to Local Rule 15-1(b), plaintiff Bank of New York

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Mellon shall file and serve the amended pleading.

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IT IS FURTHER ORDERED that the administrative stay otherwise remains in place.

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DATED this 11th day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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