Bank Of New York Mellon v. Hill et al

Filing 29

ORDER that this case is hereby STAYED. FURTHER ORDERED that 8 Motion to Dismiss and 27 Motion for Summary Judgment are DENIED without prejudice. FURTHER ORDERED that 28 Motion for Summary Judgment is DENIED without prejudice. The moving p arty shall have 21 days from the date of the Nevada Supreme Court's decision on the certified question to file a modified Motion to Dismiss and Motion for Summary 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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THE BANK OF NEW YORK MELLON
FKATHE BANK OF NEW YORK, AS
TRUSTEEFOR THE
CERTIFICATEHOLDERS OFCWALT, INC.,
ALTERNATIVE LOANTRUST 2005-54CB,
MORTGAGEPASSTHROUGH
CERTIFICATES SERIES2005-54CB,

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Plaintiff,

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Case No. 2:17-cv-01916-RFB-GWF
ORDER

v.

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HAROLD HILL, an individual;
ENCHANTMENT AT SUNSET
BAYCONDOMINIUM ASSOCIATION;732
HARDY WAY TRUST; and
NEVADAASSOCIATION SERVICES, INC.,

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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 Defendant 732 Hardy Way Trust. Motion to Dismiss

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re [1] Complain and Motion for Summary Judgment are DENIED without prejudice. ECF No. [8]

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and ECF No. [27].

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IT IS FURTHER ORDERED that Plaintiff Bank Of New York Mellon’s Motion for
Summary Judgment is DENIED without prejudice. ECF No. [28].

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

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

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a notice renewing the previously filed motion. The opposing party shall have 21 days to respond.

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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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