Federal National Mortgage Association v. Lin
Filing
18
ORDER Granting 17 Stipulation to Stay All Proceedings. Signed by Judge Richard F. Boulware, II on 1/5/2018. (Copies have been distributed pursuant to the NEF - ADR)
Case 2:17-cv-01533-RFB-NJK Document 17 Filed 01/04/18 Page 1 of 3
1
2
3
4
5
6
7
Laurel I. Handley (NV Bar # 009576)
Jory C. Garbedian (NV Bar # 10352)
ALDRIDGE PITE, LLP
520 South 4th St., Suite 360
Las Vegas, Nevada 89101
Telephone: (858) 750-7600
Facsimile: (702) 685-6342
E-Mail: lhandley@aldridgepite.com
Attorneys for Plaintiff:
Federal National Mortgage Association
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
11
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
12
Plaintiff,
13
STIPULATION AND ORDER TO STAY
ALL PROCEEDINGS
v.
14
Case No. 2:17-cv-01533-RFB-NJK
YAN LIN, an individual,
15
Defendant.
16
17
18
Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION (“Fannie Mae”) and
19
Defendant YAN LIN (“Lin”), by and through their respective counsel of record, hereby stipulate
20
and agree as follows:
21
1.
On May 31, 2017, Fannie Mae filed a Complaint herein challenging the facial
22
constitutionality of NRS 116.3116, as it existed prior to October 1, 2015, on the basis of due
23
process and Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154, 1160 (9th Cir.
24
2016). (See ECF No. 1).
25
2.
This Court has certified an issue regarding NRS 116’s notice requirement to the
26
Nevada Supreme Court in Bank of New York Mellon v. Star Hill Homeowners Association, et al,
27
Case No. 2:16-cv-02561-RFB-PAL (ECF No. 41) (hereinafter the “Certified Question”).
28
-1-
Case 2:17-cv-01533-RFB-NJK Document 17 Filed 01/04/18 Page 2 of 3
3.
1
In light of the Certified Question, this Court has stayed proceedings in a number
2
of other cases challenging the facial constitutionality of NRS 116.3116. See e.g., Wells Fargo
3
Bank, N.A. v. SFR Investments Pool 1, LLC, et al, Case No. 2:16-cv-02726-RFB-NJK (ECF No.
4
67); Federal National Mortgage Association v. Martin, Case No. 2:17-cv-00005-RFB-CWH
5
(ECF No. 22 – Minute Order); Park 1 at Summerlingate Homeowner’s Association v. Federal
6
National Mortgage Association, et al, Case No. 2:16-cv-00602-RFB-CWH (ECF No. 33 –
7
Minute Order); Bank of New York Mellon v. Star Hill Homeowners Association, et al, Case No.
8
2:16-cv-02561-RFB-PAL (ECF No. 45).
4.
9
“[T]he power to stay proceedings is incidental to the power inherent in every
10
court to control the disposition of the causes of action on its docket with economy of time and
11
effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).
12
“A trial court may, with propriety, find it is efficient for its own docket and the fairest course for
13
the parties to enter a stay of an action before it, pending resolution of independent proceedings
14
which bear upon the case.” Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir.
15
1979).
16
5.
When determining whether a stay of proceedings is appropriate, the Court
17
considers: (1) damage from the stay; (2) hardship or inequity that befalls one party more than the
18
other; and (3) the orderly course of justice. See Dependable Highway Exp., Inc. v. Navigators
19
Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007).
20
6.
Fannie Mae and Lin agree that any damage, damage or hardship from a stay of
21
this matter is minimal at this point in time and that a decision on the Certified Question will help
22
promote an orderly disposition of one of the main issues in this case, namely the facial
23
constitutionality of NRS 116.3116.
24
25
26
27
7.
Fannie Mae and Lin agree that either party may move to lift the stay at any time if
circumstances change or as each party may deem appropriate.
8.
Accordingly, and consistent with the prior stay orders from this Court in the cases
listed in paragraph 3, Fannie Mae and Lin agree that all proceedings in the instant case, including
28
-2-
Case 2:17-cv-01533-RFB-NJK Document 17 Filed 01/04/18 Page 3 of 3
1
discovery, dispositive motions, and any other litigation or case management deadlines, are stayed
2
pending a final decision from the Nevada Supreme Court on the Certified Question.
3
IT IS SO STIPULATED AND AGREED this 4th day of January, 2018.
4
ALDRIDGE PITE, LLP
5
/s/ Jory C. Garabedian
6
8
JORY C. GARABEDIAN, ESQ.
Nevada Bar No. 10352
Attorneys for Plaintiff
Federal National Mortgage Association
9
HONG & HONG, PLC
7
10
/s/ Joseph Y. Hong
11
JOSEPH Y. HONG, ESQ.
Nevada Bar No. 5995
Attorneys for Defendant
Yan Lin
12
13
14
15
IT IS SO ORDERED.
16
17
U.S. DISTRICT COURT JUDGE
18
19
Dated:
20
21
22
23
24
25
26
27
28
-3-
January 5, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?