United States District Court, D. Nevada
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-4CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4CB, Plaintiff,
MICHELLE R. CHURCH; SFR INVESTMENTS POOL 1, LLC; HAMPTON & HAMPTON COLLECTIONS LLC; SILVERSTONE RANCH COMMUNITY ASSOCIATION; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. SILVERSTONE RANCH COMMUNITY ASSOCIATION, Cross-Claimant,
HAMPTON & HAMPTON COLLECTIONS LLC, a Professional Corporation, Cross-Defendant. SFR INVESTMENTS POOL 1, LLC, Counter/Cross-Claimant,
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006- 4CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4CB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BRS CITIZENS, N.A.; MICHELLE R. CHURCH, an individual, Counter/Cross-Defendants.
AKERMAN LLP Darren Brenner, Esq. ARIEL E. STERN, ESQ. Nevada
Bar No. 8276 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125
Attorneys for Plaintiff, The Bank of New York Mellon fka, The
Bank of New York, as Trustee 10 for the Certi.ficateholders
CWALT, Inc., Alternative Loan Trust 2006-4CB, Mortgage
Pass-Through Certificates, Series 2006-4CB and
cross-defendant, Mortgage Electronic Registration Systems,
Inc., as nominee for BRS Citizens, N.A.
CHRISTOPHER V. YERGENSEN, ESQ. Nevada Bar. No. 6183 Attorney
for Hampton & Hampton Collections LLC
JACQUELINE A. GILBERT, ESQ. Nevada Bar. No. 10593 DIANA S.
EBRON, ESQ. Nevada Bar No. 10580 KAREN L. HANKS, ESQ. Nevada
Bar No. 9578 Attorneys for Defendant SFR Investments Pool J,
W. PEN GILLY, ESQ. Nevada Bar. No. 6085 ELIZABETH B. LOWELL,
ESQ. Nevada Bar No. 8551 Attorneys for Silverstone Ranch
STIPULATION AND ORDER TO STAY LITIGATIONPENDINGFINAL
RESOLUTION OF THE CERTIFIED QUESTION TO THE NEVADA SUPREME
RICHARD F. BOULWARE, II United States District Judge
The Bank of New York Mellon fka The Bank of New York, as
Trustee for the Certificateholders CWALT, Inc., Alternative
Loan Trust 2006-4CB, Mortgage Pass-Through Certificates,
Series 2006-4CB and cross-defendant, Mortgage Electronic
Registration Systems, Inc., as nominee for BRS Citizens, N.A.
(BNYM), and defendants SFR Investments Pool
1, LLC, Hampton & Hampton Collections LLC, and
Silverstone Ranch Community Association, respectfully submit
the following stipulation and proposed order:
case arises out of a homeowners association foreclosure,
which BNYM contends did not impact its lien position.
April 21, 2017 the Judge Boulware certified the following
question to the Nevada Supreme Court:
Whether NRS § 116.31168(1)'s incorporation of NRS
§ 107.090 required a homeowner's association to
provide notices of default and/or sale to persons or entities
holding a subordinate interest even when such persons or
entities did not request notice, prior to the amendments that
took effect on Oct 1, 2015?
See Bank of N.Y. Mellon, etc. v. Star Hill
Homeowners Assoc., et al, Case No. 2:16-cv-02561-RFB-PAL
(D. Nev. Apr. 21, 2017).
Nevada Supreme Court accepted the certified question on June
13, 2017, setting forth a briefing schedule. See SFR
Investments Pool 1, LLC, v. Bank of New York Mellon,
etc., Case No. 72931 (Nev. 2017). Briefing is in
progress. In order to avoid discovery and dispositive
Judge Boulware has indicated since stayed the
above-referenced HOA litigation until that question is
resolved. See 2:16-cv-02561 at ECF No. 45. Because
the Nevada Supreme Court's answer to the certified
question may impact the course of discovery and the claims
and issues in this case, the parties similarly request a stay
of this litigation.
"[T]he power to stay proceedings is incidental to the
power inherent in every court to control the disposition of
the causes of action on its docket with economy of time and
effort for itself, for counsel, and for litigants."
Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).
"A trial court may, with propriety, find it is efficient
for its own docket and the fairest course for the parties to
enter a stay of an action before it, pending resolution of
independent proceedings which bear upon the case."
Leyva v. Certified Grocers of Cal, Ltd., 593 F.2d
857, 863 (9th Cir. 1979).
determine if a stay is appropriate, the Court considers (1)
damage from the stay; (2) hardship or inequity that befalls
one party more than the other; and (3) the orderly course of
justice. See Dependable Highway Exp., Inc. v. Navigators
Ins. Co.,498 F.3d 1059, 1066 ...