Bank of New York Mellon v. Springs at Centennial Ranch Homeowners Association et al

Filing 80

ORDER. IT IS HEREBY ORDERED that 63 , 64 , 66 the pending motions for summary judgment are DENIED without prejudice to their refiling no later than 10/15/18. IT IS FURTHER ORDERED that 77 Plaintiff's Motion for Leave to File Supplemental Authority is DENIED as moot. Signed by Judge Jennifer A. Dorsey on 9/14/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:17-cv-01673-JAD-GWF

4 The Bank of New York Mellon fka the Bank of
New York, as Trustee for the Certificateholders
5 of CWALT, Inc., Alternative Loan Trust 200547-CV, Mortgage Pass-through Certificates
6 Series 2005-47CB,

Order Denying Motions
for Summary Judgment
Without Prejudice and
Directing Rebriefing

Plaintiff

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8 v.

[ECF Nos. 63, 64, 66, 77]

9 The Springs at Centennial Ranch Homeowners
Association, et al.,
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Defendants
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The Bank of New York Mellon sues the Springs at Centennial Ranch Homeowners

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14 Association (HOA) for damages and a declaration that the Bank’s deed of trust securing the
15 mortgage on the home at 916 Malibu Sands Avenue in Las Vegas, Nevada, was not extinguished
16 by the HOA’s January 2013 non-judicial foreclosure sale to SFR Investments Pool 1, LLC. All
17 parties moved for summary judgment on June 29, 2018. After those motions were filed, the
18 Nevada Supreme Court issued two important decisions in this area of Nevada law: Bank of
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19 America v. SFR Investment Pool 1, LLC, and SFR Investments Pool 1, LLC v. Bank of New York
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20 Mellon. Because these cases may materially impact the issues raised in the pending motions for

21 summary judgment, to promote judicial efficiency and ensure that this matter is decided based on
22 the most updated authority available,
IT IS HEREBY ORDERED that the pending motions for summary judgment [ECF Nos.

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24 63, 64, 66] are DENIED without prejudice to their refiling no later than October 15, 2018.
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134 Nev. Adv. Op. 72 (Sept. 13, 2018).

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422 P.3d 1248 (Aug. 2, 2018).
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IT IS FURTHER ORDERED that, before the parties may file those revised motions,

2 they must meet and confer as defined by Local Rule IA 1-3(f) about each argument contained
3 in the revised motion. The new motions for summary judgment must be accompanied by a
4 declaration by movant’s counsel that sets forth the details and results of the meet-and-confer
5 conference and that certifies that, despite good faith efforts, the issues could not be resolved. If
6 new motions are filed, briefing will proceed under the schedule prescribed by Local Rule 7-2.
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IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Supplemental

8 Authority [ECF No. 77] is DENIED as moot.
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Dated: September 14, 2018
__________ _______
_ ______ _ __
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_________________________________
rict Judge Jennifer
t Judg
Judg
n r
U.S. District Judge Jennifer A. Dorsey

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