United States District Court, D. Nevada
JPMORGAN CHASE BANK, N.A., a national banking association, For Itself and As Successor By Merger To Chase Home Finance LLC, Plaintiff,
LAS VEGAS DEVELOPMENT GROUP, LLC, a Nevada limited liability company; HACIENDA NORTH HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation, Defendants.
MADDOX, ISAACSON & CISNEROS, LLP Barbara M. McDonald Troy
L. Isaacson, Esq. Nevada Bar No. 6690 Barbara M. McDonald,
Esq. Nevada Bar 11651 Attorneys for Defendant Hacienda North
BALLARD SPAHR LLP Russell J. Burke Abran E. Vigil, Esq.
Nevada Bar No. 7548 Russell J. Burke, Esq. Nevada Bar No.
12710 Kyle A. Ewing Nevada Bar No. 14051 Attorneys for
Plaintiff JPMorgan Chase Bank, N.A.
P. CROTEAU & ASSOCIATES Timothy E. Rhoda Roger P. Croteau
Esq. Nevada Bar No. 4958 Timothy E. Rhode, Esq. Nevada Bar
No. 7878 Attorneys for Defendant Las Vegas Development Group.
STIPULATION AND ORDER STAYING LITIGATION
JPMorgan Chase Bank, N.A., a National Banking Association,
for itself and as Successor by Merger to Chase Home Finance
LLC (“Chase”), Defendant Las Vegas Development
Group, LLC (“LVDG”), and Defendant Hacienda North
Homeowners' Association (the “HOA”)
(collectively, the “Parties”) hereby stipulate
and agree as follows:
is a quiet title action arising from a homeowners'
association foreclosure sale (the “Sale”) of
residential property located at 5272 Fire Night Ave, Las
Vegas, NV 89122 (the “Property”).
Absolute Collection Services, LLC, as agent for the HOA,
conducted the Sale pursuant to NRS Chapter 116.
Chase alleges it is the beneficiary of a deed of trust
recorded against the Property. Chase contends that the deed
of trust survived the Sale or, alternatively, that the Sale
contends the Sale extinguished the deed of trust as a matter
Chase argues, among other things, that the notice provisions
of NRS Chapter 116 are facially unconstitutional under the
Due Process Clause of the Fourteenth Amendment.
Bourne Valley Court Trust v. Wells Fargo Bank, NA,
832 F.3d 1154 (9th Cir. 2016), the Ninth Circuit Court of
Appeals accepted this argument and held that Chapter
116's notice provisions facially violate due process by
requiring purported junior lienholders to “opt
in” for notice of a homeowners' association
Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo
Home Mortg., 388 P.3d 970, 972 (Nev. 2017), the Nevada
Supreme Court disagreed with Bourne Valley by
holding that a foreclosure sale under Chapter 116 does not
involve sufficient state action to implicate the Due Process
Clause of the Fourteenth Amendment. See Id. The
non-prevailing party in Bourne Valley petitioned the
United States Supreme Court for certiorari on or about April
5, 2017, the non-prevailing party in Saticoy Bay has
indicated that it will also file for a writ of certiorari.
Parties request a stay of litigation to allow the United
States Supreme Court to address the certiorari petitions in
Bourne Valley and Saticoy Bay.
Several judges in this district have stayed similar cases
pending the exhaustion of all appeals before the United
States Supreme Court. E.g., Nationstar Mtg. LLC
v. Green Valley S. Owners Assoc., No.
2:16-cv-00883-GMN-GWF (D. Nev., Oct. 5, 2016); Bank of
America, N.A. v. Canyon Willow Trop Owners' Assoc.,
No. 2:16-cv-01327-GMN-VCF (D. Nev. Oct. 26, 2016);
Deutsche Bank Nat'l Trust Co. v. Copper Sands
HOA, No. 2:16-cv-00763-JAD-CWH (D. Nev. Feb. 28, 2017);
Ditech Financial Services, LLC v. Highland Ranch
Homeowners Assoc., No. 3:16-cv-00194-MMD-WGC (D. Nev.
Mar. 7, 2017); Wells Fargo Bank, N.A. v. Las Vegas Dev.
Group, LLC, 2:16-cv-02621-RFB-NJK (D. Nev. Mar. 9,
determine if a continued stay is appropriate, the Court
considers (1) any potential damage or prejudice arising from
the stay; (2) any potential hardship or inequity that befalls
one party more than the other as a result of the stay; and
(3) the orderly course of justice. See Dependable Highway
Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, ...