HSBC Bank USA, National Association v. Underwood Partners, LLC et al

Filing 49

ORDER that this case is hereby STAYED. FURTHER ORDERED that 5 , 46 Motions to Dismiss are DENIED without prejudice; that 6 Motion to Dismiss is DENIED without prejudice; that 31 Motion for Summary Judgment is DENIED without prejudice ; that 32 Motion for Summary Judgment is DENIED without prejudice; that 33 Motion for Summary Judgment is DENIED without prejudice.Each 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 3/22/2018. (Copies have been distributed pursuant to the NEF - MMM) Modified on 3/23/2018 to correct date Judge signed order. (DKJ).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HSBC BANK, USA, NATIONAL
ASSOCIATION,
Plaintiff,

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ORDER

v.
UNDERWOOD PARTNERS, LLC; NV
EAGLES, LLC;
Defendants.

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Case No. 2:17-cv-00461-RFB-PAL

HSBC BANK, USA, NATIONAL
ASSOCIATION.,

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Counter/Cross Claimant,

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v.
SPANISH STEPS LAKESIDE
HOMEOWNERS ASSOCIATION,
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,

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Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision

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will impact the pending motions in this case. For reasons of judicial economy and to avoid

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inconsistent decisions or partial decisions on some but not all issues, the Court will not consider

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any further motions until the parties have had the opportunity to receive and address the Nevada

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Supreme Court’s opinion on this issue.

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IT IS THEREFORE ORDERED that this case is hereby STAYED.

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IT IS FURTHER ORDERED that Defendant NV Eagles, LLC., and Underwood

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Partners, LLC., Motion to Dismiss are DENIED without prejudice. ECF No. 5, 46. The moving

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party shall have 21 days from the date of the Nevada Supreme Court’s decision on the certified

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question to file a modified Motion for Summary Judgment 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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IT IS FURTHER ORDERED that Defendant Spanish Steps Lakeside Homeowners

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Association Motion to Dismiss is DENIED without prejudice. ECF No. 6. The moving party shall

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have 21 days from the date of the Nevada Supreme Court’s decision on the certified question to

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file a modified Motion for Summary Judgment or to file a notice renewing the previously filed

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motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days

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to reply.

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IT IS FURTHER ORDERED that Defendant Spanish Steps Lakeside Homeowners

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Association Motion for Summary Judgment is DENIED without prejudice. ECF No. 31. The

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moving party shall have 21 days from the date of the Nevada Supreme Court’s decision on the

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certified question to file a modified Motion for Summary Judgment or to file a notice renewing

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

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shall have 14 days to reply.

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IT IS FURTHER ORDERED that Defendants NV Eagles, LLC., and Underwood

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Partners, LLC., Motion for Summary Judgment is DENIED without prejudice. ECF No. 32. The

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moving party shall have 21 days from the date of the Nevada Supreme Court’s decision on the

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certified question to file a modified Motion for Summary Judgment or to file a notice renewing

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

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shall have 14 days to reply.

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IT IS FURTHER ORDERED that Plaintiff HSBC Bank USA and National Association

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Motion for Summary Judgment is DENIED without prejudice. ECF No. 33. The moving party

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shall have 21 days from the date of the Nevada Supreme Court’s decision on the certified question

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to file a modified Motion for Summary Judgment or to file a notice renewing the previously filed

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motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days

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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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