Carrington Mortgage Services, LLC v. Saticoy Bay, LLC Series 6709 Brick House et al

Filing 115

ORDER denying without prejudice 114 Motion to Lift Stay; Case stayed. Signed by Judge Andrew P. Gordon on 4/11/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 CARRINGTON MORTGAGE SERVICES, LLC, Plaintiff, 6 7 8 9 10 v. SATICOY BAY, LLC, et al. Defendants. Case No. 2:15-cv-01852-APG-PAL ORDER (1) DENYING MOTION TO LIFT STAY AND (2) DEEMING ORDER TO SHOW CAUSE SATISFIED (ECF NO. 114) This is one of many disputes over the effect of a nonjudicial foreclosure sale conducted by 11 a homeowners association (“HOA”) after the prior owner failed to pay HOA assessments. On 12 August 12, 2016, a divided Ninth Circuit panel in Bourne Valley Court Trust v. Wells Fargo Bank 13 held that Nevada Revised Statutes Chapter 116’s HOA nonjudicial foreclosure scheme, as it 14 existed before the statutory scheme was amended in 2015, “facially violated mortgage lenders’ 15 constitutional due process rights.” 832 F.3d 1154, 1155 (9th Cir. 2016); but see id. at *6-11 16 (Wallace, J., dissenting). I previously stayed this case pending issuance of the mandate in Bourne 17 Valley because counsel for the purchaser in that case had indicated that he would be filing a 18 motion for panel rehearing and rehearing en banc. ECF No. 109. Those motions were denied and 19 the mandate issued on December 14, 2016. Bourne Valley Court Tr. v. Wells Fargo Bank, 9th Cir. 20 Dkt. No. 15-15233, ECF Nos. 75, 76. 21 Plaintiff Carrington Mortgage Services, LLC moves to lift the stay because the mandate in 22 Bourne Valley has issued. However, the Supreme Court of Nevada recently decided Saticoy Bay 23 LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, holding that “the Due Process 24 Clauses of the United Sates and Nevada Constitutions are not implicated in an HOA’s nonjudicial 25 foreclosure of a superpriority lien.” 388 P.3d 970, 975 (Nev. 2017). The losing parties in both 26 Bourne Valley and Saticoy Bay have indicated they intend to file petitions for certiorari in the 27 United States Supreme Court. Because Bourne Valley and Saticoy Bay reached opposite 28 1 conclusions, the constitutionality of Nevada’s HOA nonjudicial foreclosure scheme may be 2 decided by the United States Supreme Court. See Sup. Ct. R. 10(b) (identifying as a compelling 3 reason for granting certiorari that “a state court of last resort has decided an important federal 4 question in a way that conflicts with the decision . . . of a United States court of appeals”). I 5 therefore sua sponte continue the stay in this case pending a decision on the petitions for 6 certiorari in Bourne Valley and Saticoy Bay. 7 A district court has the inherent power to stay cases to control its docket and promote the 8 efficient use of judicial resources. Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936); 9 Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007). 10 When determining whether to stay a case pending the resolution of another case, I must consider 11 (1) the possible damage that may result from a stay, (2) any “hardship or inequity” that a party 12 may suffer if required to go forward, (3) “and the orderly course of justice measured in terms of 13 the simplifying or complicating of issues, proof, and questions of law” that a stay will engender. 14 Lockyer v. Mirant Corp., 398 F.3d 1098, 1110 (9th Cir. 2005). I find that a Landis stay is 15 appropriate here. 16 The crux of the parties’ dispute is whether the HOA foreclosure sale extinguished the 17 deed of trust. If the HOA sale was void because Chapter 116 is facially unconstitutional, then the 18 parties’ dispute is, in large part, resolved or at least simplified. The Supreme Court’s 19 consideration of the petitions in Bourne Valley and Saticoy Bay thus could be dispositive of this 20 case, or at least of significant issues in the case. As the jurisprudence and the parties’ arguments 21 in this area evolve, the parties file new motions or move to supplement the pending briefs, 22 burdening our already-busy docket. Bourne Valley and Saticoy Bay no doubt will inspire more 23 motions and supplements. Staying this case pending the Supreme Court’s disposition of the 24 petitions in Bourne Valley and Saticoy Bay will permit the parties to present arguments and 25 evidence in the context of complete and resolved precedent, and it will allow me to evaluate the 26 claims in light of this legal authority. Consequently, a stay pending the disposition of the 27 28 Page 2 of 4 1 certiorari proceedings will simplify the proceedings and promote the efficient use of the parties’ 2 and the court’s resources. 3 Resolving the claims or issues in this case before the Supreme Court decides whether to 4 grant or deny the petitions could impose a hardship on both parties. A stay will prevent 5 unnecessary or premature briefing on Bourne Valley and Saticoy Bay’s impact on this case. 6 The potential damage that may result from a stay is that the parties will have to wait 7 longer for resolution of this case and any motions that they intend to file in the future. But a 8 delay would also result from new briefing that may be necessitated if the Supreme Court grants 9 certiorari. So a stay pending the Supreme Court’s decision will not necessarily lengthen the life 10 11 of this case. Any possible damage that a stay may cause is minimal. Finally, I expect the stay pending the Supreme Court’s disposition of the petitions for 12 certiorari to be reasonably short. The petition in Bourne Valley was filed on April 3, 2017. The 13 petition in Saticoy Bay is due April 25, 2017. The length of this stay is tied to the Supreme 14 Court’s decision on the petitions for certiorari, so the stay will be reasonably brief and is not 15 indefinite.1 The stay will remain in place until the proceedings in the Supreme Court have 16 concluded. 17 I deem the order to show cause (ECF No. 109) satisfied. Although defendant Hampton & 18 Hampton Collections, LLC argues that Carrington is a California citizen because it is 19 headquartered there, the membership of a limited liability company is determined by the 20 citizenship of its members, not by its principal place of business. See Johnson v. Columbia 21 Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (stating that “an LLC is a citizen of 22 every state of which its owners/members are citizens”). It appears diversity jurisdiction exists in 23 this case and I therefore will not dismiss for lack of subject matter jurisdiction. 24 25 IT IS THEREFORE ORDERED that plaintiff Carrington Mortgage Services, LLC’s motion to lift stay (ECF No. 114) is DENIED without prejudice. 26 1 27 28 The Supreme Court of Nevada stayed the issuance of the remittitur in Saticoy Bay pending the Supreme Court’s disposition of the certiorari proceedings. No. 68630, Dkt. No. 17-04543 (Nev. Feb. 8, 2017). Page 3 of 4 1 IT IS FURTHER ORDERED that this case is administratively STAYED. Once the 2 proceedings in the United States Supreme Court in Bourne Valley Court Trust v. Wells Fargo 3 Bank and Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage have 4 concluded, any party may move to lift the stay. 5 6 7 IT IS FURTHER ORDERED that the order to show cause (ECF No. 109) is deemed satisfied. DATED this 11th day of April, 2017. 8 9 10 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 4

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