Bank of New York Mellon v. Foothills at Southern Highlands Homeowners Association et al

Filing 35

ORDER. IT IS ORDERED that this case is hereby STAYED. IT IS FURTHER ORDERED that 23 Defendant SFR Investments Pool 1, LLC's Motion for Summary Judgment is DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 7/12/2018. (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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***

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THE BANK OF NEW YORK MELLON,
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWALK, INC., ALTERNATIVE LOAN
TRUST 2006- OA6 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006OA6, New York Corporation,

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Case No. 2:17-cv-01918-RFB-VCF

ORDER

Plaintiff,

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vs.

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THE FOOTHILLS AT SOUTHERN
HIGHLANDS HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; RED ROCK FINANCIAL
SERVICES, a Nevada corporation; SFR
INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; ALEXANDER M.
IRLANDES, an individual; ERA D.
IRLANDES, an individual,

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Defendants.
On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice
requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n,
Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision
will impact the pending motions in this case. For reasons of judicial economy and to avoid
inconsistent decisions, the Court will not consider any further motions until the parties have had
the opportunity to receive and address the Nevada 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 SFR Investments Pool 1, LLC ‘s Motion

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for Summary Judgment (ECF No. 23) is DENIED without prejudice. The moving party shall have

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21 days from the date of the Nevada Supreme Court’s decision on the certified question to file a

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modified Motion for Summary Judgment or to file a notice renewing the previously filed motion.

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

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The opposing party shall have 21 days to respond. The moving party shall have 14 days to
reply.
IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.

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DATED this 12th day of July, 2018.
______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRCIT JUDGE

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