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)

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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

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