Bank of America, N.A. v. Village of Avellino Homeowners Association et al

Filing 29

ORDER that 19 the HOA's and ACS's Motion for Summary Judgment is DENIED. FURTHER ORDERED that 20 BANA's Motion for Summary Judgment is DENIED. Signed by Judge James C. Mahan on 6/20/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-728 JCM (PAL)
ORDER

v.
VILLAGE OF AVELLINO HOMEOWNERS
ASSOCIATION, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is a joint motion for summary judgment filed by defendants
Village of Avellino Homeowners Association (the “HOA”) and Absolute Collection Services,
LLC (“ACS”). (ECF No. 19).
Also before the court is plaintiff Bank of America, N.A.’s (“BANA”) motion for summary
judgment. (ECF No. 20). The HOA filed a response. (ECF No. 21).
BANA filed a summons returned executed as to defendant DK Capital & Associates, LLC
(“DK”) on May 17, 2016. DK’s answer was due by April 4, 2016. To date, DK has yet to file an
answer.
In the instant motions, BANA, the HOA, and ACS all move for summary judgment in
BANA’s favor and against DK. (ECF Nos. 19, 20).
As DK has failed to appear in the instant case, BANA’s proper recourse is through Federal
Rule of Civil Procedure 55, not Rule 56.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the HOA’s and ACS’s
joint motion for summary judgment (ECF No. 19) be, and the same hereby is, DENIED.

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IT IS FURTHER ORDERED that BANA’s motion for summary judgment (ECF No. 20)

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be, and the same hereby is, DENIED.

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DATED June 20, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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