Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC et al

Filing 44

ORDER that this case is STAYED. Plaintiff, Defendant and Cross Claimant, Motion for Summary Judgment is DENIED without prejudice ECF No. 37, 39, 40. All other pending motions are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 5/1/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 DEUTSCHE BANK NATIONAL TRUST COMPANY, Case No. 2:17-cv-01764-RFB-VCF Plaintiff, ORDER v. 12 13 14 SFR INVESTIMENTS POOL 1, LLC., et al., Defendant’s. 15 16 17 On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice 18 requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n, 19 Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision 20 will impact the pending motions in this case. For reasons of judicial economy and to avoid 21 inconsistent decisions or partial decisions on some but not all issues, the Court will not consider 22 any further motions until the parties have had the opportunity to receive and address the Nevada 23 Supreme Court’s opinion on this issue. 24 25 IT IS THEREFORE ORDERED that this case is hereby STAYED. 26 IT IS FURTHER ORDERED that Plaintiff, Defendant and Cross Claimant, Motion for 27 Summary Judgment is DENIED without prejudice. ECF No. 37, 39, 40. The moving party shall 28 have 21 days from the date of the Nevada Supreme Court’s decision on the certified question to 1 1 file a modified Motion for Summary Judgment or to file a notice renewing the previously filed 2 motion. The opposing party shall have 21 days to respond. The moving party shall have 14 days to 3 4 5 6 reply. IT IS FURTHER ORDERED that all other pending motions are DENIED without prejudice. 7 8 DATED this 1st day of May, 2018. ______________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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