Bank of America, N.A. v. Sierra Cedars Condominium Homeowners Association et al

Filing 46

ORDER - Plaintiff's motion to partially lift the stay (ECF No. 44 ) is GRANTED IN PART. The stay entered by the court on April 5, 2017, is hereby VACATED. Plaintiff's motion for partial summary judgment (ECF No. 45 ), filed without l eave of court and before the stay was lifted, is hereby STRICKEN without prejudice. The proposed scheduling order (ECF No. 43 ) is referred to the magistrate judge. Signed by Judge Howard D. McKibben on 8/30/2017. (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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BANK OF AMERICA, N.A.,

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Plaintiff,
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vs.
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SIERRA CEDARS CONDOMINIUM
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HOMEOWNERS ASSOCIATION, LVDG
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SERIES 200, LLC, THUNDER
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PROPERTIES, INC., and HAMPTON & )
HAMPTON COLLECTIONS, LLC,
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Defendant.
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_________________________________ )

3:16-cv-00127-HDM-WGC
ORDER

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On April 5, 2017, the court stayed this action pursuant to the
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stipulation of the parties pending final resolution of the Ninth
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Circuit’s decision in Bourne Valley Court Trust v. Wells Fargo
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Bank, N.A., 832 F.3d 1154 (9th Cir. 2016) and the Nevada Supreme
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Court’s decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells
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Fargo Home Mortgage, a Div. of Wells Fargo Bank, N.A., 388 P.3d 970
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(Nev. 2017) (ECF No. 42).

At the time the stay was entered,

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several discovery deadlines remained pending and the dispositive
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motions deadline had not yet passed.

The stipulation provided that

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within 45 days of final resolution of all Bourne Valley and/or
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Saticoy Bay proceedings the parties would submit a joint status
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report and renewed discovery plan and scheduling order for the

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court’s approval.

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On August 11, 2017, the parties submitted their joint status

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report and proposed scheduling order (ECF No. 43).

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2017, plaintiff filed a motion to partially lift the stay to allow

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for the filing of dispositive motions on the effect of the Bourne

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Valley decision and a motion for partial summary judgment (ECF

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Nos. 44 & 45).

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On August 29,

Restricting dispositive motions to the Bourne Valley issue

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alone 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. 44) is GRANTED IN PART.

The stay entered by the court on April

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5, 2017, is hereby VACATED.

Plaintiff’s motion for partial summary

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judgment (ECF No. 45), filed without leave of court and before the

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stay was lifted, is hereby STRICKEN without prejudice should

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plaintiff elect to file a renewed motion for summary judgment that

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raises all arguments it seeks to advance on summary judgment.

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proposed scheduling order submitted by the parties on August 11,

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2017 (ECF No. 43) is referred to the magistrate judge.

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IT IS SO ORDERED.

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DATED: This 30th day of August, 2017.

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____________________________
UNITED STATES DISTRICT JUDGE

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The