The Bank of New York Mellon v. Grimes et al

Filing 76

ORDER. IT IS ORDERED that this case is hereby STAYED. IT IS FURTHER ORDERED that 42 Defendant Saticoy Bay LLC Series 8453 Vast Horizon's Motion to Dismiss, 55 MOTION to Strike Jury Demand, and 63 Motion for Summary Judgment ; and [ 64] Plaintiff Bank of New York Mellon's Motion for Summary Judgment are DENIED without prejudice. IT IS FURTHER ORDERED that 58 Defendant Saticoy Bay LLC Series 8453 Vast Horizon's Motion to Stay Case is DENIED as moot. Signed by Judge Richard F. Boulware, II on 7/13/2018. (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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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,
INC. ALTERNATIVE LOAN TRUST 2006OA8, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-OA8,

Case No. 2:17-cv-01013-RFB-GWF

ORDER

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Plaintiff,

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vs.
WILLIE GRIMES; SATICOY BAY LLC
SERIES 8453 VAST HORIZON; MIRA
VISTA HOMEOWNERS ASSOCIATION;
TERRA WEST COLLECTIONS GROUP
LLC; CITY OF LAS VEGAS; REPUBLIC
SILVER STATE DISPOSAL, INC.; DOE
INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,
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,

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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, the Court will not consider any further motions until the parties have had

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the opportunity to receive and address the Nevada 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 Saticoy Bay LLC Series 8453 Vast

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Horizon’s Motion to Dismiss (ECF No. 42), MOTION to Strike Jury Demand (ECF No. 55),

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and Motion for Summary Judgment (ECF No. 63); and Plaintiff Bank of New York Mellon’s

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Motion for Summary Judgment (ECF No. 64) are DENIED without prejudice. 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 to Dismiss/Motion for Summary Judgment or to file a notice

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renewing the previously filed motion.

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The opposing party shall have 21 days to respond. The moving party shall have 14 days to
reply.
IT IS FURTHER ORDERED that Defendant Saticoy Bay LLC Series 8453 Vast
Horizon’s Motion to Stay Case (ECF No. 58) is DENIED as moot.
DATED this 13th day of July, 2018.

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______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRCIT JUDGE

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