Carrington Mortgage Services, LLC v. Tapestry at Town Center Homeowners Association et al

Filing 49

ORDER denying 33 Motion to Stay Case; ORDER denying 38 Motion for Summary Judgment; ORDER denying 39 Motion for Summary Judgment; Case is Stayed (see order for details). Signed by Judge Richard F. Boulware, II on 7/12/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
C ARRINGTON MORTGAGE SERVICES,
LLC,
Plaintiff,
v.

Case No. 2:17-cv-01047-RFB-PAL

ORDER

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TAPESTRY AT TOWN CENTER
HOMEOWNERS ASSOCIATION; TERRA
WEST COLLECTIONS GROUP LLC; SFR
INVESTMENTS POOL 1, LLC; DOE
INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,

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Defendants.

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_______________________________________
SFR INVESTMENTS POOL 1, LLC,

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Counterclaimant/Cross-Claimant,
vs.

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CARRINGTON MORTGAGE SERVICES,
LLC; ESTHER MARIN, an individual,
Counter-Defendant/Cross-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, 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 Plaintiff Carrington Mortgage Services, LLC’s

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Motion for Summary Judgment (ECF No. 38) and Defendant/Counter Claimant SFR Investments

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Pool 1, LLC’s Motion for Summary Judgment (ECF No. 39) are DENIED without prejudice. 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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The opposing party shall have 21 days to respond. The moving party shall have 14 days to
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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