Vo v. American Brokers Conduit et al

Filing 72

ORDER. IT IS ORDERED that P's 66 motion to certify a question to the Nevada Supreme Court is DENIED. Signed by Judge Larry R. Hicks on 5/31/2011. (Copies have been distributed pursuant to the NEF - PM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TAMMY VO,

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Plaintiff,

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v.

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AMERICAN BROKERS CONDUIT; et al.,

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Defendants.

3:09-cv-00654-LRH-VPC
ORDER

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Before the court is plaintiff Tammy Vo’s (“Vo”) motion to certify a question to the Nevada
Supreme Court. Doc. #66.1
Rule 5 of the Nevada Rules of Appellate Procedure provides that “the [Nevada Supreme

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Court] may answer questions of law certified to it . . . which may be determinative of the cause then

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pending in the certifying court and as to which it appears to the certifying court there is no

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controlling precedent in the decisions of [this court.]” NEV . R. APP . P. 5(a).

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Here, Vo requests the court certify the following question to the Nevada Supreme Court:

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Under the Nevada non-judicial foreclosure statute, NRS 107.080, et seq., when a
Notice of Default is recorded by a Trustee or other purported agent of the beneficiary
prior to the recording of a document appointing that Trustee or purported agent, is the
resulting foreclosure invalid so as to require at least one additional document to be
recorded to correct the foreclosure process?

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Refers to the court’s docket entry number.

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The court has reviewed the documents and pleadings on file in this matter and finds that the

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requested question is not determinative of the claims in the present action. The requested question

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concerns technical issues of Nevada law involving the filing of a notice of default which is not at

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issue in this action. Therefore, the court shall deny Vo’s motion for certification.

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IT IS THEREFORE ORDERED that plaintiff’s motion to certify a question to the Nevada
Supreme Court (Doc. #66) is DENIED.

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IT IS SO ORDERED.

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DATED this 31st day of May, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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