Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Bank National Association v. Caparola at Southern Highlands Homeowners Association

United States District Court, D. Nevada

December 13, 2017

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF HARBORVIEW MORTGAGE LOAN GRUST 2005-10' MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2005-10, Plaintiff,
v.
CAPAROLA AT SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION AND SATICOY BAY LLC SERIES 10777 VESTONE ST., Defendants.

          AKERMAN LLP, Melanie D. Morgan, Esq., Donna M. Wittig, Esq., Attorneys for Plaintiff U.S. Bank.

          LAW OFFICE OF MICHAEL F. BOHN, Michael F. Bohn, Esq., Adam Trippeddi, Esq., Attorneys for Saticoy Bay LLC Series 10777 Vestone St.

          ROBERT S. LARSEN, ESQ., DAVID T. GLUTH, II, ESQ., GORDON REES SCULLY MANSUKHANI, LLP., Attorneys for Caparola at Southern Highlands Homeowners Association.

          JOINT STIPULATION AND ORDER TO STAY CASE

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF HARBORVIEW MORTGAGE LOAN GRUST 2005-10' MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2005-10 (“U.S. Bank”), Defendant CAPAROLA AT SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION (“Caparola”), and Defendant SATICOY BAY LLC SERIES 10777 VESTONE STREET (“Saticoy Bay”), through their respective counsel of record, hereby agree and stipulate to stay this case as follows:

         1. This lawsuit is one of numerous quiet title actions where the parties dispute the effect of a non-judicial foreclosure sale held by an HOA pursuant to NRS 116.3116 et seq. for a homeowner's failure to pay HOA assessments.

         2. The discovery period is now closed.

         3. Dispositive motions are currently due on December 15, 2017. (ECF No. 28).

         4. In this case, U.S. Bank asserts, among other things, that NRS Chapter 116's notice provisions are facially unconstitutional pursuant to Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), cert. den., 2017 WL 1300223 (U.S. June 26, 2017) (No. 16-1208) (“Bourne Valley”).

         5. On April 26, 2017, District Judge Boulware certified the following question to the Nevada Supreme Court: “Whether NRS § 116.31168(1)'s incorporation of NRS § 107.090 requires homeowners's association to provide notices of default to banks even when a bank does not request notice?” The certified question has been accepted by the Nevada Supreme Court. See The Bank of New York Mellon v. Star Hill Homeowners Association, et al., Case No. 2:16-cv-02561-RFB-PAL, (ECF No. 41).

         6. District Judge Boulware granted a stay of litigation in the Star Hill HOA case pending the final resolution of the certified question to the Nevada Supreme Court. See The Bank of New York Mellon v. Star Hill Homeowners Association, et al., Case No. 2:16-cv-02561-RFB-PAL, (ECF No. 45).

         7. Because the decision on the certified question to the Nevada Supreme Court may affect the parties' legal arguments and briefing in this case and to avoid unnecessary litigation costs, the parties agree that a stay of this case is also appropriate, and thereby promoting the most efficient use of the Court's and the parties' limited resources.

         8. Accordingly, the parties request that all proceedings in this lawsuit be stayed and all upcoming deadlines, including the dispositive motion deadline, be vacated.

         9. The parties agree that Saticoy Bay will not sell, transfer, convey or encumber the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.