Bank Of New York Mellon v Nevada Association Services, Inc.

Filing 90

ORDER The action against defendant Hillcrest Homeowners Association only is dismissed without prejudice. Signed by Judge Kent J. Dawson on 7/15/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON,

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Plaintiff,

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HILLCREST AT SUMMIT HILLS
HOMEOWNERS ASSOCIATION et al.,
Defendants.
Plaintiff Bank of New York Mellon filed its first amended complaint on April 5, 2017.

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ORDER

v.

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Case No. 2:16-cv-1303-KJD-NJK

The complaint listed two separate homeowners associations as defendants: Hillcrest at Summit
Hills Homeowners Association and Hillcrest Homeowners Association. The bank served
defendant Hillcrest at Summit Hills Homeowners Association, albeit eight days after the ninetyday time period for service expired. To date, the bank has not served Hillcrest Homeowners
Association. On July 12, 2017, the Court entered a notice of intent to dismiss the complaint
under FRCP 4(m) for failure to serve the two homeowners associations. ECF No. 64. Bank of
New York Mellon responded to the Rule 4(m) notice and requested a retroactive extension to
serve Hillcrest at Summit Hills Homeowners Association. ECF No. 66. Magistrate Judge Koppe
granted the extension. See ECF No. 69. As for Hillcrest Homeowners Association, the bank
admitted that it inadvertently left both associations in the caption of its amended complaint even
though the bank intended to replace Hillcrest Homeowners Association entirely. ECF No. 66.
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Bank of New York Mellon admits that it did not serve the summons and complaint on

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Hillcrest Homeowners Association within the time allotted by the Federal Rules of Civil

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Procedure, and it will not suffer prejudice if the Court dismisses that association. Therefore, the

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action against defendant Hillcrest Homeowners Association only is dismissed without prejudice.

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IT IS SO ORDERED.

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DATED this 15th day of July 2019.

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______________________________
The Honorable Kent J. Dawson
United States District Judge

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