The Bank of New York Mellon v. Sunrise Ridge Master Homeowners Association et al

Filing 69

ORDER that 47 and 53 Motions for Summary Judgment are DENIED without prejudice to their refiling no later than October 15, 2018.FURTHER ORDERED that, before the parties may file those revised motions, they must meet and confer as defined by Local Rule IA 1-3(f) about each argument contained in the revised motion. The new motions for summary judgment must be accompanied by a declaration by movant's counsel that sets forth the details and results of the meet-and-confer conference an d that certifies that, despite good faith efforts, the issues could not be resolved. If new motions are filed, briefing will proceed under the schedule prescribed by Local Rule 7-2.FURTHER ORDERED that 67 Motion for Leave to File Supplemental Authority is DENIED as moot. Signed by Judge Jennifer A. Dorsey on 9/14/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:17-cv-00214-JAD-GWF

4 The Bank of New York Mellon fka the Bank of
New York, as Trustee for the Certificateholders
5 of CWMBS, Inc., CHL Mortgage Pass-through
Trust 2005-HYB4, Mortgage Pass-through
6 Certificates, Series 2005-HYB4,

Order Denying Motions
for Summary Judgment
without Prejudice and
Directing Rebriefing

Plaintiff

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8 v.

[ECF Nos. 47, 53, 67]

9 Sunrise Ridge Master Homeowners Association,
et al.,
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Defendants
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The Bank of New York Mellon sues for a declaration that its deed of trust securing the

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14 mortgage on the home at 3557 Chelsea Grove Street in Las Vegas, Nevada, was not extinguished
15 by the Sunrise Ridge Master Homeowners Association’s non-judicial foreclosure sale to SFR
16 Investments Pool 1, LLC. Both the Bank and SFR moved for summary judgment in June. After
17 those motions were filed, the Nevada Supreme Court issued two important decisions in this area
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18 of Nevada law: Bank of America v. SFR Investments Pool 1, LLC, and SFR Investments Pool 1,
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19 LLC v. Bank of New York Mellon. Because these cases may materially impact the issues raised

20 in the pending motions for summary judgment, to promote judicial efficiency and ensure that this
21 matter is decided based on the most updated authority available,
IT IS HEREBY ORDERED that the pending motions for summary judgment [ECF Nos.

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23 47, 53] are DENIED without prejudice to their refiling no later than October 15, 2018.
IT IS FURTHER ORDERED that, before the parties may file those revised motions,

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25 they must meet and confer as defined by Local Rule IA 1-3(f) about each argument contained
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134 Nev. Adv. Op. 72 (Sept. 13, 2018).

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422 P.3d 1248 (Aug. 2, 2018).
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1 in the revised motion. The new motions for summary judgment must be accompanied by a
2 declaration by movant’s counsel that sets forth the details and results of the meet-and-confer
3 conference and that certifies that, despite good faith efforts, the issues could not be resolved. If
4 new motions are filed, briefing will proceed under the schedule prescribed by Local Rule 7-2.
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IT IS FURTHER ORDERED that the Plaintiff’s Motion for Leave to File Supplemental

6 Authority [ECF No. 67] is DENIED as moot.
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Dated: September 14, 2018
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_ _ _______
___
_________________________________
rict Judge Jennife
c Judg e n
U.S. District Judge Jennifer A. Dorsey

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