Bank of America, N.A. et al v. Copper Creek Homeowners Association et al

Filing 54

ORDER. IT IS HEREBY ORDERED that counterclaimant Elizabeth Peralez's unjust enrichment counterclaim is dismissed with prejudice. IT IS FURTHER ORDERED the clerk of court enter final judgment consistent with this order and my prior order 50 and close this case. Signed by Judge Andrew P. Gordon on 8/13/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:16-cv-02963-APG-DJA Document 54 Filed 08/13/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 BANK OF AMERICA, N.A. and FEDERAL
HOME LOAN MORTGAGE
4 CORPORATION,
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Case No.: 2:16-cv-02963-APG-DJA
Order Dismissing Claim and Closing Case

Plaintiffs

6 v.
7 COPPER CREEK HOMEOWNERS
ASSOCIATION, et al.,
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Defendants
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As I stated in my prior order, defendant/counterclaimant Elizabeth Peralez’s unjust

11 enrichment counterclaim remains pending because no one moved for summary judgment on that
12 claim. ECF No. 50 at 2. Under the scheduling order, the proposed joint pretrial order was due 30
13 days after a ruling on dispositive motions. ECF No. 37 at 3. That deadline passed, so I ordered
14 the parties to file a proposed joint pretrial order by August 7, 2020. ECF No. 52. I advised the
15 parties that failure to do so would result in dismissal of the counterclaim with prejudice. Id. The
16 parties did not file a proposed joint pretrial order, so I dismiss the counterclaim with prejudice.
17 Because that was the only remaining claim in the case, I instruct the clerk of court to enter final
18 judgment consistent with this order and my prior order (ECF No. 50) and to close this case.
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I THEREFORE ORDER that counterclaimant Elizabeth Peralez’s unjust enrichment

20 counterclaim is dismissed with prejudice.
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Case 2:16-cv-02963-APG-DJA Document 54 Filed 08/13/20 Page 2 of 2

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I FURTHER ORDER the clerk of court to enter final judgment consistent with this order

2 and my prior order (ECF No. 50), and to close this case.
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DATED this 13th day of August, 2020.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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