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Deutsche Bank Trust Co. Americas v. Los Prados Community Association, Inc.

United States District Court, D. Nevada

March 23, 2017

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004-A, Plaintiff,
v.
LOS PRADOS COMMUNITY ASSOCIATION, INC.; SATICOY BAY LLC SERIES 5105 KINGSBRIDGE DRIVE; and NEVADA ASSOCIATION SERVICES, INC., Defendants. SATICOY BAY LLC SERIES 5105 KINGSBRIDGE DRIVE, Counterclaimant,
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004-A., Counter-defendant.

          AKERMANLLP DARREN T. BRENNER, ESQ. TENESA S. SCATURRO, ESQ. Attorneys for plaintiff and counter-defendant Deutsche Bank Trust Company Americas, as Trustee for Dover Mortgage Capital Corporation Grantor Trust Certificate Series 2004-A.

          ALVERSON, TAYLOR, MORTENSEN & SANDERS KURT R. BONDS, ESQ. DAVID J. ROTHENBERG, ESQ. W. Charleston Boulevard Las Vegas, Attorneys for defendant Los Prados Community Association, Inc. *E-signature affixed by Akerman LLP; approved by counsel via email.

          LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD. MICHAEL F. BOHN, ESQ. E. Warm Springs Road, Attorneys for defendant and counter-claimant Saticoy Bay LLC Series 5106 Kingsbridge Drive *E-signature affixed by Akerman LLP; approved by counsel via email.

          CHRISTOPHER YERGENSEN, ESQ. Nevada Association Services, Inc. W. Desert Inn Attorneys for defendant Nevada Association Services, Inc. *E-signature affixed by Akerman LLP; approved by counsel via email.

          STIPULATION AND ORDER TO STAY LITIGATIONPENDINGFINAL RESOLUTION OF PETITION(S) FOR WRIT OF CERTIORARI TO THE UNITED STATES SUPREME COURT

          RICHARD F. BOULWARE, II United States District Judge.

         Plaintiff and counter-defendant Deutsche Bank Trust Company Americas, as Trustee for Dover Mortgage Capital Corporation Grantor Trust Certificate Series 2004-A (Deutsche Bank), defendant Los Prados Community Association, Inc., defendant and counter-claimant Saticoy Bay LLC Series 5105 Kingsbridge Drive (Saticoy Bay), and defendant Nevada Association Services, Inc. stipulate as follows:

         1. This action involves the parties seeking quiet title/declaratory relief and other claims related to a non-judicial homeowner's association foreclosure sale conducted pursuant to NRS chapter 116.

         2. On August 12, 2016, the Ninth Circuit held, in Bourne Valley, Nevada's "opt-in" notice scheme for homeowners' association super-priority foreclosure is facially unconstitutional under the Fourteenth Amendment's due process clause. Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d at 1159-60.

         3. This Court issued an order staying this case pending the Ninth Circuit's mandate on August 30, 2016, to "avoid potentially unnecessary further litigation." ECF No. 23 at 1. The order directs any party may move to lift the stay when the Ninth Circuit issues its mandate. Id. at 3.

         4. The Ninth Circuit issued its mandate on December 14, 2016. Bourne Valley, Ninth Circuit Case No. 15-15233.

         5. On January 26, 2017, the Nevada Supreme Court issued its decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortg., a Div. of Wells Fargo Bank, N.A., 133 Nev. Adv. Op. 5, ___ P.3d ___, 2017 WL 398426 (Nev. Jan. 26, 2017) holding, in direct contradiction to Bourne Valley, no state action supported a challenge under the due process clause.

         6. Bourne Valley intends to file a petition for writ of certiorari in Bourne Valley. Its current deadline is April 3, 2017. See Bourne Valley, U.S. Supreme Court Docket No. 16A753. Wells Fargo's deadline to file its petition for writ of certiorari in Saticoy Bay is April 25, 2017. Thus, the parties believe the stay the parties request is appropriate.

         7. On February 8, 2017, the Nevada Supreme Court stayed the issuance of remittitur in Saticoy Bay pending the filing of a writ of certiorari with the United States Supreme Court and, if a petition is filed, the stay of remittitur will stay in effect until final disposition of the certiorari proceedings before the United States Supreme Court.

         8. Since then, several judges in this district have stayed similar cases pending the exhaustion of all appeals before the United States Supreme Court. See e.g., Nationstar Mortg. LLC v. Green Valley S. Owners Ass'n, No. 2:16-cv-00883-GMN-GWF, ECF No. 38 (D. Nev. Oct. 5, 2016); Bank of America, N.A. v. Canyon Willow Trop Owners' Ass'n, No. 2:16-cv-01327-GMN-VCF, ECF No. 25 (D. Nev. Oct. 26, 2016); De ...


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