Bank of New York Mellon v. Park Avenue Homeowners' Association et al

Filing 7

ORDER that the Clerk is directed to serve a copy of this certification order on the Nevada Attorney General (mailed on 12/04/2017). Signed by Judge Miranda M. Du on 12/4/2017. (Copies have been distributed pursuant to the NEF - KW)

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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 HOLDERS OF THE
CERTIFICATES, FIRST HORIZON
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES FHAMS 2006AA5, BY FIRST HORIZON HOME
LOANS, A DIVISION OF FIRST
TENNESSEE BANK NATIONAL
ASSOCIATION, MASTER SERVICER, IN
ITS CAPACITY AS AGENT FOR THE
TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT,

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Case No. 2:17-cv-02911-MMD-NJK
ORDER

Plaintiff,
v.

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PARK AVENUE HOMEOWNERS’
ASSOCIATION AND RED ROCK
FINANCIAL SERVICES, LLC,

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Defendant.
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Pursuant to 28 U.S.C. § 2403 and Federal Rule of Civil Procedure 5.1(b), the Court

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hereby certifies to the Attorney General for the State of Nevada that Plaintiff The Bank of

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New York of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of

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the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2006-

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AA5, by First Horizon Home Loans, a division of First Tennessee Bank National

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Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling

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and Servicing Agreement ("BoNYM") has drawn into question the constitutionality of NRS

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§ 116.3116 et. seq. The Clerk is directed to serve a copy of this certification order on the
Nevada Attorney General.

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DATED THIS 4th day of December 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE