Nationstar Mortgage LLC v. Sunrise Ridge Master Homeowners Association et al

Filing 50

ORDER that this case is hereby STAYED. FURTHER ORDERED that 12 Motion to Dismiss is DENIED without prejudice; that 14 Motion to Dismiss or Alternatively, Motion to Consolidate and 42 Motion for Summary Judgment are DENIED without prejudic e; that 40 Motion for Summary Judgment is DENIED without prejudice; that 41 Motion for Summary Judgment is DENIED without prejudice.The moving party shall have 21 days from the date of the Nevada Supreme Court's decision on the certif ied question to file a modified Motion to Dismiss and Motion for Summary Judgment or to file a notice renewing the previously filed motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days to reply. Signed by Judge Richard F. Boulware, II on 3/22/2018. (Copies have been distributed pursuant to the NEF - MMM) Modified on 3/23/2018 to reflect correct signing date (MMM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NATIONSTAR MORTGAGE LLC,

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Plaintiff,

Case No. 2:17-cv-01586-RFB-NJK
ORDER

v.
SUNRISE RIDGE MASTER
HOMEOWNERSASSOCIATION; 4039
MEADOW FOXTAILDR. TRUST;
SATICOY BAY LLC, SERIES4039
MEADOW FOXTAIL DR.;
NEVADAASSOCIATION SERVICES, INC.
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 Defendants 4039 Meadow Foxtail Dr. Trust, Saticoy

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Bay LLC, Series 4039 Meadow Foxtail’s Motion to Dismiss [1] Complaint is DENIED without

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prejudice. ECF. No. [12].

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IT IS FURTHER ORDERED that Defendant Sunrise Ridge Master Homeowners

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Association’s Motion to Dismiss or Alternatively, Motion to Consolidate and

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Summary Judgment are DENIED without prejudice. ECF No. [14] and ECF No. [42].

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Motion for

IT IS FURTHER ORDERED that Plaintiff Nationstar Mortgage LLC’s Motion for
Summary Judgment is DENIED without prejudice. ECF No. [40].
IT IS FURTHER ORDERED that Defendant Saticoy Bay LLC, Series 4039 Meadow
Foxtail Dr.’s Motion for Summary Judgment is DENIED without prejudice. ECF No. [41].

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

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decision on the certified question to file a modified Motion to Dismiss and Motion for Summary

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

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

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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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