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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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 10 11 BANK OF AMERICA, N.A., ) ) ) Plaintiff, ) ) vs. ) ) DESERT PINE HOMEOWNERS ASSOCIATION, ) et al., ) ) ) Defendants. ) __________________________________________) Case No. 2:16-cv-00725-JCM-NJK ORDER (Docket No. 42) 12 Pending before the Court is Defendants’ joint motion to stay, filed on an emergency basis. 13 Docket No. 42. Plaintiff filed a response, and Defendant SFR filed a reply. Docket Nos. 44, 45. 14 Plaintiff and Defendant SFR also filed supplemental briefing in accordance with the Court’s 15 November 14, 2016 order. Docket Nos. 57, 58, 60. The Court finds this motion properly resolved 16 without a hearing. See Local Rule 78-1. 17 Defendants’ joint motion to stay was originally filed based on the pendency of the Ninth 18 Circuit’s mandate regarding a petition to rehear en banc Bourne Valley Court Tr. v. Wells Fargo 19 Bank, Nat’l Ass’n, 832 F.3d 1154 (9th Cir. 2016). See, e.g., Docket No. 42 at 3 (“[T]he Ninth 20 Circuit’s ultimate resolution of this issue may have a dispositive effect upon this litigation.”) The 21 Ninth Circuit has now denied the petition for rehearing en banc and has issued its mandate. Thus, 22 Bourne Valley is now controlling law in this Circuit. 23 Accordingly, Defendants’ joint motion to stay, Docket No. 42, is hereby DENIED. 24 IT IS SO ORDERED. 25 DATED: January 12, 2017 26 27 28 ______________________________________ NANCY J. KOPPE United States Magistrate Judge

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