United States District Court, D. Nevada
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,
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.
OFFICE OF MICHAEL F. BOHN, Michael F. Bohn, Esq., Adam
Trippeddi, Esq., Attorneys for Saticoy Bay LLC Series 10777
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.
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:
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.
discovery period is now closed.
Dispositive motions are currently due on December 15, 2017.
(ECF No. 28).
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”).
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).
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).
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.
Accordingly, the parties request that all proceedings in this
lawsuit be stayed and all upcoming deadlines, including the
dispositive motion deadline, be vacated.
parties agree that Saticoy Bay will not sell, transfer,
convey or encumber the ...