Capital One, National Association v. SFR Investments Pool 1, LLC et al

Filing 89

ORDER. IT IS ORDERED that 28 Defendant Anthem Country Club CommunityAssociation Motion to Dismiss are DENIED without prejudice. IT IS FURTHER ORDERED that 33 Cross/Counter Claimant SFR Investments Pool 1, LLC., and Defendant SFR Investments Pool 1, LLC., Motion to Dismiss is DENIED without prejudice. IT IS FURTHER ORDERED that all other pending motions are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 3/23/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10
11

CAPITAL ONE, NATIONAL
ASSOCIATION,

Case No. 2:17-cv-00604-RFB-VCF
Plaintiff,

ORDER

v.

12
13

ANTHEM COUNTRY CLUB
COMMUNITY ASSOCIATION,

14

Defendants.

15
16

SFR INVESTMENTS POOL 1, LLC.,
Counter/Cross Claimant,

17
18

v.

19
20
21

SFR INVESTMENTS POOL 1, LLC.,
Defendant.

22

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

23

requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n,

24

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

25

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

26

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

27

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

28

Supreme Court’s opinion on this issue.

1

IT IS FURTHER ORDERED that Defendant Anthem Country Club Community

2

Association Motion to Dismiss are DENIED without prejudice. ECF No. 28. The moving party

3

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

4

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

5

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

6

to reply.

7

IT IS FURTHER ORDERED that Cross/Counter Claimant SFR Investments Pool 1,

8

LLC., and Defendant SFR Investments Pool 1, LLC., Motion to Dismiss is DENIED without

9

prejudice. ECF No. 33. The moving party shall have 21 days from the date of the Nevada Supreme

10

Court’s decision on the certified question to file a modified Motion for Summary Judgment or to

11

file a notice renewing the previously filed motion. The opposing party shall have 21 days to

12

respond. The moving party shall have 14 days to reply.

13
14

IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.

15
16

DATED this 22nd day of March, 2018.

17
_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28

-2-