U.S. Bank National Association v. SFR Investments Pool 1, LLC et al
Filing
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ORDER Granting 35 Stipulation to Stay Case. Signed by Magistrate Judge George Foley, Jr on 12/11/2017. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:17-cv-00079-JAD-GWF Document 35 Filed 12/08/17 Page 1 of 4
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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Lindsay D. Robbins, Esq.
Nevada Bar No. 13474
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
(702) 475-7964; Fax: (702) 946-1345
dnitz@wrightlegal.net
lrobbins@wrightlegal.net
Attorneys for Plaintiff/Counter-Defendant, U.S. Bank National Association, as Trustee for GSAA
Home Equity Trust 2006-20, Asset-Backed Certificates, Series 2006-20
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-20, ASSET-BACKED
CERTIFICATES, SERIES 2006-20,
Plaintiff,
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vs.
SFR INVESTMENTS POOL 1, LLC; and
TRAIL RIDGE COMMUNITY
ASSOCIATION,
Defendants.
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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counter/Cross Claimant,
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vs.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-20, ASSET-BACKED
CERTIFICATES, SERIES 2006-20;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR HOME123 CORPORATION;
DANIEL PALACIOS, an individual,
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Counter/Cross-Defendants.
______________________________________
Case No.: 2:17-cv-00079-JAD-GWF
STIPULATION AND ORDER TO STAY
Case 2:17-cv-00079-JAD-GWF Document 35 Filed 12/08/17 Page 2 of 4
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STIPULATION AND ORDER TO STAY
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Plaintiff/Counter-Defendant, U.S. Bank National Association, as Trustee for GSAA
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Home Equity Trust 2006-20, Asset-Backed Certificates, Series 2006-20 (“U.S. Bank”),
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Defendant/Counterclaimant, SFR Investments Pool 1, LLC (“SFR”), and Defendant, Trail
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Ridge Community Association (“Trail Ridge”), by and through their respective counsels of
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record, hereby stipulate as follows in accordance with LR6-1 and LR 26-4.
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WHEREAS the above-captioned matter concerns declaratory relief claims regarding real
property located at 8400 Lower Trailhead Avenue, Las Vegas, Nevada 89113 (the “Property”).
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WHEREAS Defendant, SFR Investments Pool 1, LLC (“SFR”), claims it acquired title
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to the Property following an Association foreclosure sale under NRS Chapter 116, and further
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claims said foreclosure eliminated that Deed of Trust recorded with the Clark County
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Recorder’s Office on September 27, 2006, as Book and Instrument Number 20060927-0005019.
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WHEREAS Defendant, Trail Ridge Community Association, initiated non-judicial
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foreclosure proceedings before the Nevada Supreme Court decision in SFR Investments Pool 1
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v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014).
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WHEREAS on August 12, 2016, the Ninth Circuit issued its decision in Bourne Valley
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Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154, 1159-60 (9th Cir. 2016) holding that NRS
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Chapter 116 is facially unconstitutional.
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WHEREAS, the parties dispute whether the outcome of the Certified Question will have
any affect on the application and binding nature of the Bourne Valley decision upon this Court.
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WHEREAS on April 21, 2017, the U.S. District Court for the District of Nevada issued
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an Order in The Bank of New York Mellon fka The Bank of New York, as Trustee for the
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Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-6 v. Star Hill
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Homeowners Association et al., Case No. 2:16-cv-025610-RFB-PAL, certifying to the Nevada
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Supreme Court the question: “Whether NRS § 116.31168(1)’s incorporation of NRS § 107.090
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required a homeowner’s association to provide notices of default and/or sale to persons or
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entities holding a subordinate interest even when such persons or entities did not request notice,
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prior to the amendments that took effect on Oct. 1, 2015?” ECF No. 41, 7:1-4. The Nevada
Case 2:17-cv-00079-JAD-GWF Document 35 Filed 12/08/17 Page 3 of 4
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Supreme Court issued an Order Accepting Certified Question on June 13, 2017. It has not yet
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been scheduled for oral argument.
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NOW WHEREFORE, based on the foregoing,
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IT IS HEREBY STIPULATED AND AGREED that staying this case pending decision
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from the Nevada Supreme on the Certified Question will enable the parties to present arguments
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and evidence to this Court at an appropriate time with complete legal authority, thereby
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promoting the most efficient use of the Court’s and the parties’ limited resources. Staying the
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case pending the decision from the Nevada Supreme Court on the Certified Question will also
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enable the parties to continue ongoing settlement discussions.
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IT IS FURTHER STIPLATED AND AGREED that either party may file a written
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motion to lift stay at any time either party determines it appropriate, and either party may file an
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opposition to the motion.
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Case 2:17-cv-00079-JAD-GWF Document 35 Filed 12/08/17 Page 4 of 4
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IT IS FURTHER STIPULATED AND AGREED that all proceedings in this lawsuit are
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stayed, and all upcoming deadlines, hearings and conferences, including the deadline to file
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dispositive motions and the pre-trial order, shall be vacated pending the stay.
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DATED this 6th day of December, 2017.
DATED this 6th day of December, 2017.
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WRIGHT, FINLAY & ZAK, LLP
KIM GILBERT EBRON
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/s/ Lindsay D. Robbins, Esq.
Lindsay D. Robbins, Esq.
NV Bar No. 13474
Attorneys for Plaintiff
/s/ Karen L. Hanks, Esq.
Karen L. Hanks, Esq.
NV Bar No. 9578
Attorneys for SFR Investment Pool 1, LLC
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DATED this 6th day of December, 2017.
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BOYACK ORME & ANTHONY
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/s/ Christopher B. Anthony, Esq.
Christopher B. Anthony, Esq.
NV Bar No. 9748
Attorneys for Trail Ridge Community
Association
ORDER
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IT IS SO ORDERED.
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DATED this 11th day of December
, 2017.
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UNITED STATES MAGISTRATE JUDGE
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Respectfully Submitted by:
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WRIGHT, FINLAY & ZAK, LLP
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/s/ Lindsay D. Robbins, Esq.
Lindsay D. Robbins, Esq.
Nevada Bar No. 13474
Attorneys for Plaintiff
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