Prof-2013-S3 Legal Title Trust IV, by U.S. Bank National Association, as Legal Title Trustee v. Antelope Homeowners Association

Filing 27

ORDER denying 13 Motion to Dismiss; The moving party shall have 21 days from the date of the Nevada Supreme Court's decision on the certified question to file a modified Motion to Dismiss. Signed by Judge Richard F. Boulware, II on 3/22/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PROF-2013-S3 LEGAL TITATLE TRUST
IV, BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE
TRUSTEE,

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ORDER

Plaintiff,

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Case No. 2:17-cv-00247-RFB-GWF

v.
ANTELOPE HOMEOWNERS
ASSOCIATION,

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Defendant.

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On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice

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requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n,
Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision
will impact the pending motions in this case. For reasons of judicial economy and to avoid
inconsistent decisions or partial decisions on some but not all issues, the Court will not consider
any further motions until the parties have had the opportunity to receive and address the Nevada
Supreme Court’s opinion on this issue.

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IT IS FURTHER ORDERED that Defendant Antelope Homeowners Association’s

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Motion to Dismiss [1] Complaint is DENIED without prejudice. ECF No. [13].
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The moving party shall have 21 days from the date of the Nevada Supreme Court’s decision

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on the certified question to file a modified Motion to Dismiss or to file a notice renewing the

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previously filed motion. The opposing party shall have 21 days to respond. The moving party shall

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have 14 days to reply.

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DATED this 22nd day of March, 2018.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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