United States District Court, D. Nevada
SPRINGLAND VILLAGE HOMEOWNERS ASSOCIATION, a Nevada Non-Profit Cooperative Corporation, Plaintiff,
JENNIE M. PEARMAN, et al., Defendants. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff;
DWIGHT CARLSON AS TRUSTEE FOR PYRAMID TRIBE TR-116, Defendant. And Related Counterclaims.
ALDRIDGE PITE, LLP Jory C. Garabedian Attorney for Defendant
Federal National Mortgage Association
& ASSOCIATES, LTD. Karen M. Ayarbe Attorney for
Plaintiff' Springland Village Homeowners Association
STIPULATION AND ORDER TO REMAND LEAD INTERPLEADER
in Lead Case FEDERAL NATIONAL MORTGAGE ASSOCIATION
("Fannie Mae") and Plaintiff in Lead Case
SPRINGLAND VILLAGE HOMEOWNERS ASSOCIATION
("Springland") by and through their respective
attorneys of record, hereby stipulate and agree to the remand
of the Lead Interpleader Case as follows:
Lead Case is an interpleader action originally filed in the
Second Judicial District Court of Nevada (Washoe County) on
May 11, 2016, which seeks to disburse proceeds from an NRS
116 foreclosure sale of the real property located at 2402
Sunny Slope Drive, Unit 9, Sparks, Nevada 89434 (the
"Property") occurring on or about January 22, 2016
(hereinafter the "Lead Interpleader Case").
Fannie Mae removed the Lead Interpleader Case to this Court
on July IS, 2016 on the basis of Fannie Mae's charter and
the Ninth Circuit decision in Lightfoot v. Cendant
Mortgage Corporation, 769 F.3d 681, 682 (9* Cir. 2014).
(See Lead Interpleader Case ECF No. 1).
September 2, 2016, Fannie Mae filed a separate lawsuit
captioned, Federal National Mortgage Association v.
Dwight Carlson as Trustee for Pyramid Tribe TR-116 which
is Member Case No. 3:16-cv-00520-MMD-WGC (the "Member
Member Title Case was an action for declaratory relief and
quiet title against Dwight Carlson as Trustee for Pyramid
Tribe TR-116 ("Pyramid Tribe") seeking to declare
Fannie Mae's first Deed of Trust as a valid remaining
encumbrance on the Property. Pyramid Tribe was the purchaser
of the Property at the same NRS 116 foreclosure sale at issue
in the Lead Interpleader Case. Fannie Mae alleged that this
Court had subject matter jurisdiction based on federal
question jurisdiction arising under 12 U.S.C. §
4617(jX3) (the "Federal Foreclosure Bar") and based
on diversity jurisdiction. (See Member Title Case
ECF No. 1).
September 7, 2016, Fannie Mae filed a Notice of Related case
in both the Member Title Case (ECF No. 4) and me Lead
Interpleader Case (ECF No. 11) wherein Fannie Mae stated that
it would be desirable for the same district judge and
magistrate judge to preside over both actions to ensure a
coordinated timing and sequence of adjudicating title issues
in the Member Title Case and me ultimate disbursement of
proceeds from the same NRS 116 foreclosure sale in the Lead
October 3, 2016, the Court entered a Reassignment Order
wherein the Member Title Case was assigned to the same
district judge and magistrate judge. (See Member
Title Case ECF No. 8).
January 20, 2017, the Court entered an Order in the Lead
Interpleader Case requesting that Fannie Mae show cause why
the Lead Interpleader Case should not be remanded for lack of
jurisdiction because of the U.S. Supreme Court's
overturning of the Ninth Circuit decision in Lightfoot.
(See Lead Interpleader Case ECF No. 24).
February 6, 2017, Fannie Mae filed a Response to Order
conceding that die Lead Interpleader Case should be remanded.
However, Fannie Mae asserted in the Response that the Court
maintained subject matter jurisdiction over the Member Title
Case under me non-merger rule and specifically because the
Court had both federal question jurisdiction and diversity
jurisdiction over the Member Title Case. (See Lead
Interpleader Case ECF No. 25, citing Johnson v. Manhattan
Ry. Co., 289 U.S. 479, 496-97 (1933); Continental
Airlines v. Goodyear Tire & Rubber Co., 819 F.2d
1519, 1523 n.l (9* Cir. 1987); Cetta v. Togum, 173
F.3d 909, 912 (3" Cir. 1999) (holding me district court
erred in remanding both consolidated cases when it had
diversity jurisdiction over one of mem)).
subsequent order was issued remanding the Lead Interpleader
Case back to state court.
July 17, 2017, Fannie Mae filed die same Motion for Summary
Judgment in bom me Lead Interpleader Case (ECF No. 28) and
the Member Title Case (ECF No. 17) solely on the basis mat 12
U.S.C. § 46T7(jX3) protected Fannie Mae's Deed of
Trust from being extinguished by me NRS 116 foreclosure sale.
Motion for Summary Judgment requested that Fannie Mae's
request for quiet title or declaratory relief be granted
insofar as any interest in die Property of Member Tide Case
Defendant Pyramid Tribe is subject to Fannie Mae's Deed
of Trust pursuant to die Federal Foreclosure Bar. However, me
Motion for Summary Judgment did ...