Bayview Loan Servicing, LLC et al v. Washington & Sandhill Homeowners Association et al

Filing 47

ORDER that 23 and 27 Motions to Lift Stay and 28 Motion to Schedule Briefing are DENIED as moot. FURTHER ORDERED that 38 Stipulation to Extend Time is GRANTED nunc pro tunc. FURTHER ORDERED that, pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, the parties may file Motions for Summary Judgment no later than July 27, 2018. Signed by Chief Judge Gloria M. Navarro on 6/30/2018. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9

BAYVIEW LOAN SERVICING, LLC, et. al, )
)
Plaintiffs,
)
vs.
)
)
WASHINGTON & SANDHILL
)
HOMEOWNERS ASSOCIATION, et. al,
)
)
Defendants.
)
)

10

Case No.: 2:17-cv-00026-GMN-CWH
ORDER

Pending before the Court are the Motions to Partially Lift Stay, (ECF Nos. 23, 27), filed

11

by Plaintiffs Bayview Loan Servicing, LLC and the Federal Home National Mortgage

12

Association (collectively “Plaintiffs”). Defendant Washington & Sandhill Homeowners

13

Association (“HOA”) filed Reponses, (ECF Nos. 25, 31), and Plaintiffs filed a Reply, (ECF No.

14

26), with respect to its initial Motion to Lift Stay, (ECF. No. 23). Also pending before the

15

Court is the Motion to Schedule Summary Judgment Briefing, (ECF No. 28), filed by Plaintiffs.

16

HOA filed a Response, (ECF No. 32), and Plaintiffs filed a Reply, (ECF No. 39).1

17

With respect to the Motions to Lift Stay, the Court initially stayed this action pending

18

exhaustion of all appeals of Bourne Valley Court Tr. v. Wells Fargo Bank, NA, 832 F.3d 1154

19

(9th Cir. 2016), (ECF No. 21). On June 26, 2017, the Supreme Court denied the petition for a

20

writ of certiorari, see Bourne Valley Ct. Tr. v. Wells Fargo Bank, NA, 137 S. Ct. 2296, 2297

21

(2017), and the Court subsequently ordered that the stay be lifted, (ECF No. 29). Based on the

22

foregoing, the Motions to Lift Stay are hereby denied as moot.

23
24
25
1

Also before the Court is the Stipulation to Extend Time, (ECF No. 38), which the Court GRANTS nunc pro
tunc.

Page 1 of 2

1

Regarding Plaintiff’s Motion to Schedule Briefing, this Motion preceded the Court’s

2

subsequent order granting the parties’ proposed scheduling order, (ECF No. 46). Accordingly,

3

the Motion to Schedule Briefing is denied as moot.

4

Pursuant to the parties’ scheduling order, the parties had until June 13, 2018, to file

5

dispositive motions. (See id.). To date, no dispositive motions have been filed. Under Federal

6

Rule of Civil Procedure 56(f), the Court may grant summary judgment after “giving notice and

7

a reasonable time to respond.” See Fed. R. Civ. P. 56(f). The Court will therefore permit the

8

parties to file motions for summary judgment no later than July 27, 2018.

9
10
11
12
13
14
15
16

Accordingly,
IT IS HEREBY ORDERED that the Motions to Lift Stay, (ECF Nos. 23, 27), and
Motion to Schedule Briefing, (ECF No. 28), are DENIED as moot.
IT IS FURTHER ORDERED that the Stipulation to Extend Time, (ECF No. 38) is
GRANTED nunc pro tunc.
IT IS FURTHER ORDERED that, pursuant to Rule 56(f) of the Federal Rules of Civil
Procedure, the parties may file Motions for Summary Judgment no later than July 27, 2018.
30
DATED this _____ day of June, 2018.

17
18
19

___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

20
21
22
23
24
25

Page 2 of 2