Bank of New York Mellon v. Foothills at MacDonald Ranch Master Association et al

Filing 180

ORDER Granting 163 Motion for Judgment on the Pleadings and Setting Deadline to File Joint Proposed Pretrial Order. Signed by Judge Andrew P. Gordon on 8/19/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-01195-APG-BNW Document 180 Filed 08/19/20 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 THE BANK OF NEW YORK MELLON,
4

Plaintiff

5 v.
6 THE FOOTHILLS AT MACDONALD
RANCH MASTER ASSOCIATION, et al.,
7
Defendants
8
9

Case No.: 2:17-cv-01195-APG-BNW
Order (1) Granting Motion for Judgment
on the Pleadings and (2) Setting Deadline
to File Joint Proposed Pretrial Order
[ECF No. 163]

I granted counter-defendant Quality Loan Service Corporation’s motion for judgment on

10 the pleadings because counterclaimant SFR Investments Pool 1, LLC had not plausibly alleged
11 that Quality violated Nevada Revised Statutes § 107.028. ECF No. 179. However, I granted SFR
12 leave to file an amended counterclaim by July 10, 2020. Id. SFR did not file an amended
13 counterclaim by that date. I therefore now grant Quality’s motion with prejudice.
14

I THEREFORE ORDER that counter-defendant Quality Loan Service Corporation’s

15 motion for judgment on the pleadings (ECF No. 163) is GRANTED with prejudice.
16

I FURTHER ORDER the parties to file a joint proposed pretrial order on the only

17 remaining claim, counterclaimant SFR Investment Pool 1, LLC’s counterclaim against
18 counterdefendant The Bank of New York Mellon, by September 21, 2020. The failure to file the
19 proposed pretrial order by that date will result in dismissal of the counterclaim and closure of this
20 case.
21

DATED this 19th day of August, 2020.

22
23

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE