Bank of America, N.A., v. Desert Pine Villas Homeowners Association et al

Filing 72

ORDER Denying 42 Joint Motion to Stay. Signed by Magistrate Judge Nancy J. Koppe on 1/12/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

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Plaintiff,
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vs.
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DESERT PINE HOMEOWNERS ASSOCIATION, )
et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00725-JCM-NJK
ORDER
(Docket No. 42)

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Pending before the Court is Defendants’ joint motion to stay, filed on an emergency basis.

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Docket No. 42. Plaintiff filed a response, and Defendant SFR filed a reply. Docket Nos. 44, 45.

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Plaintiff and Defendant SFR also filed supplemental briefing in accordance with the Court’s

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November 14, 2016 order. Docket Nos. 57, 58, 60. The Court finds this motion properly resolved

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without a hearing. See Local Rule 78-1.

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Defendants’ joint motion to stay was originally filed based on the pendency of the Ninth

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Circuit’s mandate regarding a petition to rehear en banc Bourne Valley Court Tr. v. Wells Fargo

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Bank, Nat’l Ass’n, 832 F.3d 1154 (9th Cir. 2016). See, e.g., Docket No. 42 at 3 (“[T]he Ninth

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Circuit’s ultimate resolution of this issue may have a dispositive effect upon this litigation.”) The

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Ninth Circuit has now denied the petition for rehearing en banc and has issued its mandate. Thus,

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Bourne Valley is now controlling law in this Circuit.

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Accordingly, Defendants’ joint motion to stay, Docket No. 42, is hereby DENIED.

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IT IS SO ORDERED.

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DATED: January 12, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge