Bank of New York Mellon v. Southern Highlands Community Association et al

Filing 49

ORDER Denying 38 Stipulation to Stay due toAlessi's bankruptcy as moot. Signed by Magistrate Judge Carl W. Hoffman on 7/18/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 BANK OF NEW YORK MELLON, 7 8 9 10 11 ) ) Plaintiff, ) ) vs. ) ) SOUTHERN HIGHLANDS COMMUNITY ) ASSOCIATION, et al., ) ) Defendants. ) __________________________________________) Case No. 2:16-cv-00523-JCM-CWH ORDER 12 13 Presently before the court is Plaintiff Bank of New York Mellon, Defendant Southern 14 Highlands Community Association, and Defendant Grey Spencer Dr Trust’s joint stipulation to stay 15 case due to Alessi & Koenig, LLC’s bankruptcy (ECF No. 38), filed on February 28, 2017. This 16 matter was referred to the undersigned for disposition on July 17, 2017. 17 The parties request that this case be stayed in its entirety under 11 U.S.C. § 362(a)(1), which 18 bars the continuance of any action against a debtor in bankruptcy. Subsequent to filing this request 19 to stay the case, the parties filed a stipulation to extend discovery in which they represented to the 20 court that the automatic stay in the Alessi bankruptcy was lifted by the bankruptcy court. (Stip. 21 (ECF No. 45) at 4.) The court therefore will deny the parties’ stipulation to stay this case due to 22 Alessi’s bankruptcy as moot. 23 IT IS SO ORDERED. 24 25 DATED: July 18, 2017 26 27 28 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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