Bank of America, N.A. v. Mesa Verde Homeowners Association et al

Filing 81

ORDER Granting in part and Denying in part 78 Motion to Stay Litigation. IT IS FURTHER ORDERED that the parties shall file a joint status report by 4/11/17, and every 60 days thereafter. Signed by Magistrate Judge Nancy J. Koppe on 4/4/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 BANK OF AMERICA, N.A., 11 Plaintiff(s), 12 vs. 13 MESA VERDE HOMEOWNERS ASSOCIATION, et al., 14 Defendant(s). 15 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-00498-JCM-NJK ORDER (Docket No. 78) Pending before the Court is a motion to stay litigation. Docket No 78. No response has been filed. For the reasons discussed below, the motion is GRANTED in part and DENIED in part. 18 Two bases are provided for the request to stay. First, the motion seeks a stay pending resolution 19 of petition(s) for writ of certiorari to the United States Supreme Court. Id. at 8-9. The Court is aware 20 of those proceedings. The United States District Judge assigned to this case is continuing to process this 21 type of case. Accordingly, this aspect of the motion to stay is DENIED. 22 Second, the motion seeks a temporary stay pending resolution of a motion in bankruptcy court 23 to allow actions involving Alessi & Koenig, LLC to proceed notwithstanding its bankruptcy 24 proceedings. Docket No. 78 at 7-8. Such a stay should be of a short duration, as the hearing on that 25 motion is set to take place on April 5, 2017. Moreover, the Court agrees that sufficient cause exists for 26 that short stay. Accordingly, this aspect of the motion is GRANTED, and this case is stayed until the 27 bankruptcy court issues a decision on the identified motion. 28 1 No later than 7 days after a decision is issued by the bankruptcy court, the parties shall file a joint 2 status report in this case. In the interim, the parties shall file a joint status report by April 11, 2017, and 3 every 60 days thereafter. 4 IT IS SO ORDERED. 5 DATED: April 4, 2017 6 7 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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