U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 49

ORDER. IT IS ORDERED that 35 the Motion to Stay Discovery is DENIED. IT IS FURTHER ORDERED 38 , 39 the Countermotions to Stay Discovery or to Allow Case to Proceed Without Restriction is DENIED with respect to the request to stay discovery, and GRANTED with respect to the request to proceed without restriction. Signed by Magistrate Judge Peggy A. Leen on 11/14/2017. (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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U.S. BANK NATIONAL ASSOCIATION,

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v.

Case No. 2:17-cv-00708-JCM-PAL

Plaintiff,

ORDER
(Mot Stay Disc – ECF No. 35)
(Countermot Stay – ECF Nos. 38, 39)

SFR INVESTMENTS POOL 1, LLC, et al.,
Defendants.

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Before the court is plaintiff’s Motion to Stay Discovery Pending Resolution of U.S. Bank

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National Association, as Trustee’s, Motion for Summary Judgment (ECF No. 34) (ECF No. 35).

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The court has reviewed the motion, SFR Investments Pool 1, LLC’s Opposition (ECF No. 37),

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SFR Investments Pool 1, LLC’s Countermotion to Stay All Proceedings, or in the Alternative, to

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Allow Case to Proceed without Restriction (ECF Nos. 38, 39), and plaintiff’s reply (ECF No. 43).

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This is a quiet title action arising out of an HOA sale. The plaintiff seeks a stay of discovery

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arguing the Ninth Circuit’s decision in Bourne Valley Court Trust v. Wells Fargo Bank. N.A., 832

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F3d 1154 (9th Cir 2016) is controlling and dispositive. SFR’s countermotion asks for a complete

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stay of all proceedings in this case pending resolution of a certified question currently pending

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before the Nevada Supreme Court which addresses whether NRS 116.3116 incorporates the notice

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provisions of NRS 107.090. Alternatively, SFR asks that the court allow this case to proceed

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without restriction. Plaintiff opposes the countermotion. The district judge has entered orders in

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several HOA foreclosure sales since Bourne Valley was decided, and has not certified the question

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at issue, preferring to decide and dispose of these cases. Accordingly,

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1. The Motion to Stay Discovery (ECF No. 35) is DENIED.
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2. The Countermotions to Stay Discovery or to Allow Case to Proceed Without

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Restriction (ECF Nos. 38, 39) is DENIED with respect to the request to stay discovery,

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and GRANTED with respect to the request to proceed without restriction.

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DATED this 14th day of November 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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