JPMorgan Chase Bank, N.A. v. Blizzard et al

Filing 41

ORDER. IT IS ORDERED that this case is hereby STAYED. IT IS FURTHER ORDERED that Defendants 31 Motion for Summary Judgment and Plaintiff JPMorgan Chase Bank, N.A.'s 32 Motion for Summary Judgment are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 7/12/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff,

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ORDER
v.

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RANDY BLIZZARD, in his individual
capacity and as Trustee of the JOEL 228
TRUST; the JAMES PAUL GETTY
IRREVOCABLE RESOURCE TRUST; the
ANTHONY F. JOHNSON IRREVOCABLE
RESOURCE TRUST; the STEVEN J.
CASTELLAN IRREVOCABLE RESOURCE
TRUST; the BRIAN PHILIP ANDERSON
IRREVOCABLE RESOURCE TRUST; the
PHILIP STEVEN IRREVOCABLE
RESOURCE TRUST; HOLLYWOOD
RANCH HOMEOWNERS ASSOCIATION, a
Nevada non-profit corporation; CYNTHIA
GIBSON, an individual,

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Defendants.

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__________________________________

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RANDY BLIZZARD, in his individual
capacity and as Trustee of the JOEL 228
TRUST; the JAMES PAUL GETTY
IRREVOCABLE RESOURCE TRUST; the
ANTHONY F. JOHNSON IRREVOCABLE
RESOURCE TRUST; the STEVEN J.
CASTELLAN IRREVOCABLE
RESOURCETRUST; the BRIAN PHILIP
ANDERSON IRREVOCABLE RESOURCE
TRUST; the PHILIP STEVEN
IRREVOCABLE RESOURCE TRUST,

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Case No. 2:17-cv-0678-RFB-VCF

Counterclaimants,

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v.
JPMORGAN CHASE BANK, N.A.;
CYNTHIA GIBSON, an individual; DOE
INDIVIDUALS 1 through 10, inclusive; ROE
BUSINESS ENTITIES 1 through 10,
inclusive,
Counter-Defendants.

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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, 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.
[IT IS THEREFORE ORDERED that this case is hereby STAYED.
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IT IS FURTHER ORDERED that Defendants’ [31] Motion for Summary Judgment and
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Plaintiff JPMorgan Chase Bank, N.A.'s [32] Motion for Summary Judgment are 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 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.
The opposing party shall have 21 days to respond. The moving party shall have 14 days to
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reply.
IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.
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DATED this 12th day of July, 2018.
______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRCIT JUDGE

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