Wells Fargo Bank, N.A. v. Resources Group, LLC, et al

Filing 33

ORDER that this case is hereby STAYED. Defendant G&P Enterprises Nevada, LLC's 11 Motion for Summary Judgment is DENIED without prejudice. Defendant Resources Group, LLC's 17 Motion to Dismiss is DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 3/29/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WELLS FARGO BANK, N.A., a national
banking association,

ORDER
Plaintiff,

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Case No. 2:17-cv-01124-RFB-VCF

v.

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RESOURCES GROUP, LLC, a Nevada limitedliability company as trustee of the BOURNE
VALLEY COURT TRUST; CORTEZ
HEIGHTS HOMEOWNERS ASSOCIATION, a
Nevada non-profit corporation; G&P
ENTERPRISES, LLC dba ALLIED TRUSTEE
SERVICES, a California limited-liability
company,

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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 G&P Enterprises Nevada, LLC’s Motion

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for Summary Judgment is DENIED without prejudice. ECF No. [11].
IT IS FURTHER ORDERED that Defendant Resources Group, LLC’s Motion to Dismiss
is DENIED without prejudice. ECF. No. [17].

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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 for Summary Judgment and Motion to Dismiss

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or to file a notice renewing the previously filed motion. The opposing party shall have 21 days to

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respond. The moving party shall have 14 days to reply.

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DATED this 29th day of March, 2018.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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