JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 47

ORDER that this case is hereby STAYED. FURTHER ORDERED that 23 Motion to Dismiss is DENIED without prejudice. The moving party shall have 21 days from the date of the Nevada Supreme Court's decision on the certified question to file a modi fied Motion for Summary Judgment or to file a notice renewing the previously filed motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days to reply. FURTHER ORDERED that 31 Motion to Dismiss is DENIED witho ut prejudice. 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 for Summary Judgment or to file a notice renewing the previously filed motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days to reply. Signed by Judge Richard F. Boulware, II on 3/23/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JPMORGAN CHASE BANK, N.A., Case No. 2:17-cv-00334-RFB-PAL 10 11 Plaintiff, ORDER v. 12 13 TRAIL RIDGE COMMUNITY ASSOCIATION, 14 Defendant. 15 16 SFR INVESTMENTS POOL 1, LLC., 17 Counter/Cross Claimant, 18 19 20 21 v. SFR INVESTMENTS POOL 1, LLC., Defendant. 22 23 On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice 24 requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n, 25 Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision 26 will impact the pending motions in this case. For reasons of judicial economy and to avoid 27 inconsistent decisions or partial decisions on some but not all issues, the Court will not consider 28 any further motions until the parties have had the opportunity to receive and address the Nevada 1 Supreme Court’s opinion on this issue. 2 IT IS THEREFORE ORDERED that this case is hereby STAYED. 3 IT IS FURTHER ORDERED that Defendant Trail Ridge Community Association 4 Motion to Dismiss is DENIED without prejudice. ECF No. 23. The moving party shall have 21 5 days from the date of the Nevada Supreme Court’s decision on the certified question to file a 6 modified Motion for Summary Judgment or to file a notice renewing the previously filed motion. 7 The opposing party shall have 21 days to respond. The moving party shall have 14 days to reply. 8 IT IS FURTHER ORDERED that Cross/Counter Claimant SFR Investments Pool 1, 9 LLC., and Defendant SFR Investments Pool 1, LLC., Motion to Dismiss is DENIED without 10 prejudice. ECF No. 31. The moving party shall have 21 days from the date of the Nevada Supreme 11 Court’s decision on the certified question to file a modified Motion for Summary Judgment or to 12 file a notice renewing the previously filed motion. The opposing party shall have 21 days to 13 respond. The moving party shall have 14 days to reply 14 15 DATED this 22nd day of March, 2018. 16 _______________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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