Bank of America, N.A. v. Hidden Canyon Homeowners Association et al

Filing 52

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)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

Case No. 2:17-cv-02447-MMD-GWF

BANK OF AMERICA N.A.,

10

Plaintiff,

ORDER

v.
11
12
13

HIDDEN CANYON HOMEOWNERS
ASSOCIATION; THOMAS JESSUP, LLC;
THOMAS JESSUP, LLC SERIES VI;
ABSOLUTE COLLECTION SERVICES,
LLC,

14
Defendants.
15
16

The Ninth Circuit Court of Appeals remanded for the limited purpose of the Court

17

considering Plaintiff’s motion to amend the judgment under Federal Rule of Civil

18

Procedure 60. (ECF No. 51.) The Court had provided an indicative ruling under Rule 62.1

19

that the judgment would be amended to correct an error. (ECF No. 50.)

20

On February 1, 2018, the Court held a hearing on Defendant Absolute Collection

21

Services, LLC’s (“ASC”) motion to dismiss to which Defendants Thomas Jessup, LLC and

22

Thomas Jessup, LLC, Services VI (collectively, “Jessup”) joined. (ECF No. 37.) The Court

23

granted ASC’s motion and dismissed claims against ASC and Jessup, finding that the

24

applicable statutes of limitations had expired. (Id.) The Court sua sponte dismissed claims

25

against Hidden Canyon Homeowners Association, who had defaulted, on the same

26

grounds. (Id.) The Court did not address Jessup’s counterclaims or the third-party

27

complaint. (ECF No. 48 at 23.) The minutes of that hearing erroneously state that the

28

Court dismisses the third-party complaint.

1

Accordingly, the Court directs that the minutes of the hearing (ECF No. 37) be

2

amended to reflect that the Court did not dismiss Jessup’s counterclaims or the third-party

3

complaint. The Court further vacates the Judgment (ECF No. 38) because the

4

counterclaims and third party claims have not been finally adjudicated.

5

DATED THIS 30th day of August 2018.

6
7

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2