Deutsche Bank National Trust Company v. Peppertree Homeowners Association et al

Filing 29

ORDER Denying as moot Defendant/Counter-Claimant Tow Properties, LLC V's 13 Motion to Stay Case and Denying Defendant Peppertree Homeowners Association's 8 Motion to Dismiss. Signed by Judge Kent J. Dawson on 10/19/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, as TRUSTEE,

ORDER
Plaintiff,

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v.

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Case No. 2:18-cv-00619-KJD-NJK

PEPPERTREE HOMEOWNERS
ASSOCIATION, et al.,

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Defendants.

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Presently before the Court is Defendant/Counter-claimant Tow Properties, LLC V’s

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Motion to Stay Case (#13). Plaintiff filed a response in opposition (#18) to which Tow Properties

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replied (#23). Also before the Court is Defendant Peppertree Homeowners Association’s Motion

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to Dismiss (#8). Plaintiff filed a response in opposition (#10).

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I. Motion to Stay
The motion to stay is now moot because on August 2, 2018, the Supreme Court of

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Nevada answered the certified question at issue. See SFR Invs. Pool 1, LLC v. Bank of New

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York Mellon, 422 P.3d 1248 (Nev. 2018). Further, it has since issued two new opinions that bear

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on the issues in this action. See Wells Fargo Bank, N.A. v. Tim Radecki, 2018 WL 4402403

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(Nev. September 13, 2018); Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 2018 WL

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4403296 (Nev. September 13, 2018) (tender of the superpriority amount prior to foreclosure

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results in buyer taking property subject to deed of trust). Accordingly, the motion to stay is

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denied as moot.

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///

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///

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II. Motion to Dismiss
After Defendant Peppertree Homeowners Association (“Peppertree”) filed its motion to

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dismiss on May 4, 2018, the Nevada Supreme Court issued at least three opinions that affect the

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substance of Defendant’s argument for dismissal. Additionally, Plaintiff correctly asserts that

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Defendant is a necessary party under Federal Rule of Civil Procedure 19(a). Accordingly, the

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Court denies the motion to dismiss.

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III. Conclusion

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Accordingly, IT IS HEREBY ORDERED that Defendant/Counter-claimant Tow
Properties, LLC V’s Motion to Stay Case (#13) is DENIED as moot;
IT IS FURTHER ORDERED that Defendant Peppertree Homeowners Association’s

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Motion to Dismiss (#8) is DENIED.

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Dated this 18th day of October, 2018.

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_____________________________
Kent J. Dawson
United States District Judge

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