Deutsche Bank National Trust Company v. SFR Investments Pool I, LLC, a Nevada limited liability company et al

Filing 42

ORDER denying 29 Motion for Summary Judgment; ORDER denying 35 Motion to Lift Stay of Case; ORDER denying 37 Motion to Stay Case; The moving party shall have 21 days from the date of the Nevada Supreme Court's decision on the certified question to file a modified Motion for Summary Judgment. Signed by Judge Richard F. Boulware, II on 3/22/2018. (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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***

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR DSLA
MORTGAGE LOAN TRUST MORTGAGE
LOAN PASS-THROUGH CERTIFICATES,
SERIES 2006-AR2,

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Case No. 2:16-cv-02735-RFB-CWH
ORDER

Plaintiff,
v.

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR DSLA
MORTGAGE LOAN TRUST MORTGAGE
LOAN PASS-THROUGH CERTIFICATES,
SERIES 2006-AR2,
Counter Defendants.

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On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice

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requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n,

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Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision

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will impact the pending motions in this case. For reasons of judicial economy and to avoid

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inconsistent decisions or partial decisions on some but not all issues, the Court will not consider

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any further motions until the parties have had the opportunity to receive and address the Nevada

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Supreme Court’s opinion on this issue.

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IT IS FURTHER ORDERED that Counter Defendant Deutsche Bank National Trust

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Company Motion for Summary Judgment is DENIED without prejudice. ECF No. 29. The moving

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party shall have 21 days from the date of the Nevada Supreme Court’s decision on the certified

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question to file a modified Motion for Summary Judgment or to file a notice renewing the

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previously filed motion. The opposing party shall have 21 days to respond. The moving party shall

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have 14 days to reply.

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IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.

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DATED this 22nd day of March, 2018.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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