Bank of America, N.A. v. Hidden Canyon Homeowners Association et al
Filing
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ORDER that the Court directs that the minutes of the hearing (ECF No. 37 ) be amended to reflect that the Court did not dismiss Jessup's counterclaims or the third-party complaint. The Court further vacates the Judgment (ECF No. 38 ) because the counterclaims and third party claims have not been finally adjudicated. Signed by Judge Miranda M. Du on 8/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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Case No. 2:17-cv-02447-MMD-GWF
BANK OF AMERICA N.A.,
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Plaintiff,
ORDER
v.
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HIDDEN CANYON HOMEOWNERS
ASSOCIATION; THOMAS JESSUP, LLC;
THOMAS JESSUP, LLC SERIES VI;
ABSOLUTE COLLECTION SERVICES,
LLC,
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Defendants.
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The Ninth Circuit Court of Appeals remanded for the limited purpose of the Court
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considering Plaintiff’s motion to amend the judgment under Federal Rule of Civil
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Procedure 60. (ECF No. 51.) The Court had provided an indicative ruling under Rule 62.1
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that the judgment would be amended to correct an error. (ECF No. 50.)
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On February 1, 2018, the Court held a hearing on Defendant Absolute Collection
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Services, LLC’s (“ASC”) motion to dismiss to which Defendants Thomas Jessup, LLC and
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Thomas Jessup, LLC, Services VI (collectively, “Jessup”) joined. (ECF No. 37.) The Court
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granted ASC’s motion and dismissed claims against ASC and Jessup, finding that the
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applicable statutes of limitations had expired. (Id.) The Court sua sponte dismissed claims
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against Hidden Canyon Homeowners Association, who had defaulted, on the same
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grounds. (Id.) The Court did not address Jessup’s counterclaims or the third-party
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complaint. (ECF No. 48 at 23.) The minutes of that hearing erroneously state that the
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Court dismisses the third-party complaint.
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Accordingly, the Court directs that the minutes of the hearing (ECF No. 37) be
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amended to reflect that the Court did not dismiss Jessup’s counterclaims or the third-party
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complaint. The Court further vacates the Judgment (ECF No. 38) because the
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counterclaims and third party claims have not been finally adjudicated.
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DATED THIS 30th day of August 2018.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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