U.S. Bank Trust v. LN Management, LLC Series 4004 Cape Sand

Filing 42

ORDER denying 41 Stipulation; ORDER denying 13 Motion for Entry of Clerks Default ; ORDER denying 15 Motion to Dismiss; 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 to Dismiss. Signed by Judge Richard F. Boulware, II on 3/23/2018.; Case stayed. (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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***

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U.S. BANK TRUST, N.A., AS
TRUSTEEFOR LSF9 MASTER
PARTICIPATIONTRUST,

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Case No. 2:17-cv-01109-RFB-CWH
ORDER

Plaintiff,
v.

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LN MANAGEMENT, LLC SERIES
4004CAPE SAND; LAS
HADASHOMEOWNERS’ ASSOCIATION,

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

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

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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 LN Management, LLC Series 4004 Cape

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Sand’s Motion to Dismiss Plaintiff's Fourth, Fifth and Sixth Causes of Action is DENIED without

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prejudice. ECF No. [15].

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The moving party shall have 21 days from the date of the Nevada Supreme Court’s decision

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on the certified question to file a modified Motion to Dismiss or to file a notice renewing the

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

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have 14 days to reply.

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

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DATED this 22nd day of March, 2018.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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