Alpine Vista II Homeowners Association v. Federal National Mortgage Corporation et al

Filing 52

ORDER LIFTING STAY. The temporary stay is lifted. Signed by Judge Miranda M. Du on 1/19/2017. (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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***

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ALPINE VISTA II HOMEOWNERS
ASSOCIATION, a Nevada Non-Profit
Cooperative Corporation,

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Plaintiff,
XIU Y. PAN; BANK OF AMERICA, N.A.;
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; ALL THOSE CLAIMING
AN INTEREST IN 859 NUTMEG PLACE
#21, RENO, NV 89502,
Defendants.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Counterclaimant,
v.
ALPINE VISTA II HOMEOWNERS
ASSOCIATION; and KYLE KRCH,
Counter-Defendants.

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KYLE KRCH,

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ORDER LIFTING STAY

v.

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Case No. 3:15-cv-00549-MMD-VPC

Cross-Claimant,
v.
ALPINE VISTA II HOMEOWNERS
ASSOCIATION,
Cross-Defendant.

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On September 29, 2016 Defendant/Counterclaimant Federal National Mortgage

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Association (“Fannie Mae”) moved for a temporary stay pending the issuance of a

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mandate for the Ninth Circuit Court of Appeals’ decision in Bourne Valley Court Trust v.

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Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016). (ECF No. 50.) This Court, which

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issued stays in a number of similar cases on the same grounds, granted the motion and

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stayed the case. (ECF No. 51.)

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The stay order provides for the stay to be in effect until the mandate is issued in

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Bourne Valley. The Ninth Circuit issued the mandate on December 14, 2016, after

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denying a petition for en banc hearing and a petition for a stay pending the resolution of

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a petition for writ of certiorari. Bourne Valley Court Trust v. Wells Fargo Bank, NA, No.

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15-15233 (9th Cir. Dec. 14, 2016) (mandate). Furthermore, the appellee specifically cited

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one of this Court’s stay orders in its request for a stay of the Ninth Circuit’s mandate,

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arguing that delaying the mandate would promote efficiency. Nevertheless, the Ninth

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Circuit denied appellee’s motion. Thus, Bourne Valley’s holding is binding precedent

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unless and until it is reversed, though such finality may not occur for months. Under these

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circumstances, the Court finds that a continued stay would not promote fairness or

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“secure the just, speedy, and inexpensive determination” of this case as mandated under

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Fed. R. Civ. P. 1.

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It is therefore ordered that the temporary stay is lifted.

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DATED THIS 19th day of January 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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