United States District Court, D. Nevada
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004-A, Plaintiff,
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,
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
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.
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:
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.
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.
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.
Ninth Circuit issued its mandate on December 14, 2016.
Bourne Valley, Ninth Circuit Case No. 15-15233.
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.
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.
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.
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 ...