Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al

Filing 45

ORDER that this case is hereby STAYED. FURTHER ORDERED that 43 Motion for Summary Judgment is DENIED without prejudice. FURTHER ORDERED that all other pending motions are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 4/4/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 WILMINGTON TRUST, N.A., Case No. 2:16-cv-02756-RFB-VCF 10 11 12 13 Plaintiff, v. ORDER SFR INVESTIMENTS POOL 1, LLC., et al., Defendant’s. 14 15 16 On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice 17 requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n, 18 Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision 19 will impact the pending motions in this case. For reasons of judicial economy and to avoid 20 inconsistent decisions or partial decisions on some but not all issues, the Court will not consider 21 any further motions until the parties have had the opportunity to receive and address the Nevada 22 Supreme Court’s opinion on this issue. 23 IT IS THEREFORE ORDERED that this case is hereby STAYED. 24 IT IS FURTHER ORDERED that Counter Defendant Wilmington Trust, N.A., and 25 Plaintiff Wilmington Trust, N.A., Motion for Summary Judgment is DENIED without prejudice. 26 ECF No. 43. The moving party shall have 21 days from the date of the Nevada Supreme Court’s 27 decision on the certified question to file a modified Motion for Summary Judgment or to file a 28 notice renewing the previously filed motion. 1 The opposing party shall have 21 days to respond. The moving party shall have 14 days to 1 2 3 4 reply. IT IS FURTHER ORDERED that all other pending motions are DENIED without prejudice. 5 6 DATED this 4th day of April, 2018. ______________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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