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