U.S. Bank Trust, N.A. v. Summerhills Owners Association et al

Filing 20

ORDER Granting 19 Stipulation to Stay all proceedings in this lawsuit. The parties must file a joint status report on 5/31/2018 and every 90 days thereafter until the stay is lifted. Signed by Magistrate Judge Carl W. Hoffman on 3/2/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02194-JCM-CWH Document 19 Filed 03/01/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
[e-mail]
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
Attorneys for Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK TRUST, N.A., as Trustee for LSF9
Master Participation Trust;

Case No.: 2:17-cv-02194-JCM-CWH
STIPULATION AND ORDER TO STAY

Plaintiff,

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vs.

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SUMMERHILLS OWNERS ASSOCIATION,
a Nevada non-profit corporation; NEVADA
ASSOCIATION SERVICES, INC., a Nevada
corporation; and DOES I through X, and ROE
CORPORATIONS I through X, inclusive,

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Defendants.

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Plaintiff, U.S. Bank, N.A., as Trustee for LSF9 Master Participation Trust (“U.S.

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Bank”), and Defendant, Summerhills Owners Association (“HOA”), by and through their

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respective counsels of record, hereby stipulates as follows in accordance with LR6-1 and LR

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26-4.

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“[T]he power to stay proceedings is incidental to the power inherent in every court to

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control the disposition of the causes of action on its docket with economy of time and effort for

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itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). “A trial

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court may, with propriety, find it is efficient for its own docket and the fairest course for the

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parties to enter a stay of an action before it, pending resolution of independent proceedings

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which bear upon the case.” Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir.

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1979). In deciding whether to grant a stay, a court may weigh the following: (1) the possible

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Case 2:17-cv-02194-JCM-CWH Document 19 Filed 03/01/18 Page 2 of 3

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damage which may result from the granting of a stay; (2) the hardship or inequity which a party

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may suffer in being required to go forward; (3) the orderly course of justice measured in terms

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of the simplifying or complicating of issues, proof, and questions of law which could be

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expected to result from a stay. CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962).

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WHEREAS the above-captioned matter concerns claims regarding real property located
at 7555 Glowing Ember Ct #101, Las Vegas, Nevada 89130 (the “Property”).

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WHEREAS, U.S. Bank is a party in a separate action titled, My Home Now, LLC v.

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JPMorgan Chase Bank, N.A., et al., Case No. 2:16-cv-00727-GMN-NJK (“Buyer Action”),

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regarding competing quiet title claims to the Property. Summary Judgment was entered in favor

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of U.S. Bank in the Buyer Action. My Home Now, LLC has filed an appeal of the order

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granting U.S. Bank’s Motion for Summary Judgment in the Buyer Action (“Appeal”).

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WHEREAS on January 26, 2018, the U.S. District Court for the District of Nevada

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issued an Order in the Buyer Action holding: “due to the unconstitutional notice scheme, the

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Court grants summary judgment for U.S. Bank and Caliber’s claim for quiet title and quiets title

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as a matter of law in favor of U.S. Bank as assignee of the Deed of Trust.” ECF No. 84, 15:18-

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20.

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WHEREAS, the parties agree that the outcome of the Appeal will have a substantial

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affect on this matter. The parties further agree that a temporary stay until that Appeal is decided

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will preserve their own and judicial resources. Because the United States Court of Appeal for

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the Ninth Circuit’s decision may alter or eliminate the need for discovery on many contested

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issues, the Parties hereby stipulate to stay all proceedings in this Case until the Appeal is

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resolved.

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NOW WHEREFORE, based on the foregoing,

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IT IS HEREBY STIPULATED AND AGREED that staying this case pending decision

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from the United States Court of Appeal for the Ninth Circuit on the Appeal will enable the

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parties to present arguments and evidence to this Court at an appropriate time with complete

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legal authority, thereby promoting the most efficient use of the Court’s and the parties’ limited

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resources. Staying the case pending the decision from the United States Court of Appeal for the

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Case 2:17-cv-02194-JCM-CWH Document 19 Filed 03/01/18 Page 3 of 3

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Ninth Circuit on the Appeal will also enable the parties to commence settlement discussions.

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IT IS FURTHER STIPLATED AND AGREED that either party may file a written

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motion to lift stay at any time either party determines it appropriate, and either party may file an

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opposition to the motion.

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IT IS FURTHER STIPULATED AND AGREED that all proceedings in this lawsuit are

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stayed, and all upcoming deadlines, hearings and conferences, including the deadline for the

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HOA and U.S. Bank to file dispositive motions and the pre-trial order, shall be vacated pending

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the stay.

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DATED this 1st day of March, 2018.

DATED this 1st day of March, 2018.

WRIGHT, FINLAY & ZAK, LLP

BOYACK ORME & ANTHONY

/s/ Aaron D. Lancaster
Aaron D Lancaster, Esq.
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
Plaintiff, U.S. Bank Trust, N.A., as
Trustee for LSF9 Master
Participation Trust

/s/ Christopher B. Anthony
Edward D. Boyack, Esq.
Christopher B. Anthony, Esq.
7432 W. Sahara Avenue, Suite 101
Las Vegas, NV 89117
Attorneys for Defendant Summerhills Owners
Association

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IT IS SO ORDERED. IT IS FURTHER ORDERED that the parties must file a
joint status report on May 31, 2018, and every 90 days thereafter, until the
ORDER
stay is lifted.
IT IS SO ORDERED.
March 2, 2018
DATED this
day of

, 2018.

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UNITED STATES MAGISTRATE JUDGE

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