Green Tree Servicing LLC v. William Won Holdings, LLC et al

Filing 100

ORDER - Plaintiff's motion to partially lift the stay (ECF No. 99 ) is GRANTED IN PART. The stay of all proceedings entered by the court on February 17, 2017, is hereby VACATED. Plaintiffs motion for partial summary judgmen t (ECF No. 98 ), filed without leave of court and before the stay was lifted, is hereby STRICKEN. Dispositive motions by any party in this case shall be filed no later than September 25, 2017. Signed by Judge Howard D. McKibben on 8/23/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREEN TREE SERVICING LLC, now
known as DITECH FINANCIAL LLC,

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Plaintiff,
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vs.
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WILLIAM WON HOLDINGS, LLC,
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WINGFIELD SPRINGS COMMUNITY
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ASSOCIATION, et al.,
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Defendants.
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_________________________________ )
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And related counterclaims.
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_________________________________

3:15-cv-00197-HDM-WGC
ORDER

On February 2, 2017, plaintiff filed a motion to stay all

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proceedings except for dispositive motions on the effect of the

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Ninth Circuit’s decision in Bourne Valley Court Trust v. Wells

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Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).

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2017, the court stayed all proceedings until Bourne Valley became

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final or until further order of the court.

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the court that the Bourne Valley decision is now final and seeks to

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partially lift the stay, again asking the court to allow

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proceedings only as to the effect of Bourne Valley (ECF No. 99).
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On February 17,

Plaintiff has advised

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At the same time, plaintiff filed its motion for partial summary

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judgment addressing Bourne Valley (ECF No. 98).

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At the time the court stayed this action, discovery had

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already closed and the dispositive motions deadline was looming.

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Restricting dispositive motions to the Bourne Valley issue alone

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would not serve judicial economy or the interests of justice.

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Accordingly, the plaintiff’s motion to partially lift the stay (ECF

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No. 99) is GRANTED IN PART.

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the court on February 17, 2017, is hereby VACATED.

The stay of all proceedings entered by
Plaintiff’s

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motion for partial summary judgment (ECF No. 98), filed without

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leave of court and before the stay was lifted, is hereby STRICKEN.

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Plaintiff is granted leave to file a renewed motion for summary

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judgment that raises all arguments it seeks to advance on summary

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judgment.

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filed no later than September 25, 2017.

Dispositive motions by any party in this case shall be

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IT IS SO ORDERED.

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DATED: This 23rd day of August, 2017.

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____________________________
UNITED STATES DISTRICT JUDGE

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