USROF lll Legal Title Trust 2015-1 v. TBD, LLC et al

Filing 54

ORDER. IT IS THEREFORE ORDERED that this case is hereby STAYED. IT IS FURTHER ORDERED that 25 Defendant Airmotive Investments LLC.'s Motion to Dismiss and 27 Defendant Highland Ranch Homeowners Association's Motion to Dismiss is DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 7/13/2018. (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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USROF III LEGAL TITLE TRUST 2015-1
BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE
TRUSTEE,

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Case No. 2:17-cv-02083-RFB-PAL

ORDER

Plaintiff,
vs.
TBD, LLC, a Nevada Limited-Liability
Company; TBR I, LLC, a Nevada LimitedLiability Company; AIRMOTIVE
INVESTMENTS, LLC, a Nevada LimitedLiability Company; HIGHLAND RANCH
HOMEOWNERS ASSOCIATION, a
Nevada Non-Profit Corporation; KERN &
ASSOCIATES, LTD., a Nevada
Corporation,
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, the Court will not consider any further motions until the parties have had

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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 Airmotive Investments LLC. ‘s Motion to

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Dismiss (ECF No. 25) and Defendant Highland Ranch Homeowners Association’s Motion to

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Dismiss (ECF No. 27) is DENIED without prejudice. The moving party shall have 21 days from

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the date of the Nevada Supreme Court’s decision on the certified question to file a modified Motion

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to Dismiss 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.
IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.

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DATED this 13th day of July, 2018.

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______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRCIT JUDGE

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