United States District Court, D. Nevada
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-54CB, Plaintiff,
AMIR A. KHOSH; SFR INVESTMENTS POOL 1, LLC; ARBOR PARK COMMUNITY ASSOCIATION; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, Counter/Crossclaimant,
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-54CB; ACCREDITED HOME LENDERS, INC.; AMIR A. KHOSH, an individual, Counter/Crossdefendants.
MIRANDA M. DU, CHIEF UNITED STATES DISTRICT JUDGE.
action concerns the foreclosure sale of real property located
at 5409 Orchid Lilly Court, North Las Vegas, NV 89031
(“Property”) to satisfy a homeowners'
association lien (“HOA Sale”). Before the Court
is Plaintiff/Counter-Defendant BoNYM's motion for
default judgment against Cross-Defendant Amir A. Khosh
(“Borrower”) on the sole remaining claim in this
action for breach of contract. (ECF No. 22 at 12; ECF No. 80
at 13.) BoNYM has also moved to file certain exhibits
attached to its motion under seal. (ECF Nos. 89, 90
(sealed).) The Court will grant the motion to seal in its
entirety but dismiss the claim and deny the motion for
default judgment as moot.
Court finds that the breach of contract claim is time-barred
by the applicable statute of limitations period. The statute
of limitations period for a breach of contract claim under
Nevada law is six years. See NRS § 11.190.
Here, both the Amended Complaint (ECF No. 22 at 12) and
BoNYM's exhibit (ECF No. 88-1 at 4) indicate that
Borrower defaulted on his loan payment as of the summer of
2010. BoNYM brought this lawsuit in April 2017, long after
the statute of limitations period had passed. Accordingly,
BoNYM's claim against Borrower is too late and the Court
dismisses it for that reason. Therefore, BoNYM's motion
for default judgment (ECF No. 88) is denied as moot.
the Court finds compelling reasons to grant BoNYM's
motion to seal Exhibits B and E accompanying BoNYM's
motion for default judgment. (ECF Nos. 89, 90.)
Ninth Circuit there is “a strong presumption in favor
of access to court records.” Foltz v. State Farm
Mut. Auto. Ins. Co., 331 F.3d 984, 993 (9th Cir. 2008).
To overcome this presumption, a party must articulate
“compelling reasons” justifying nondisclosure,
such as use of the record to gratify spite, permit public
scandal, circulate libelous statements, or release trade
secrets. Kamakana v. City of Honolulu, 447 F.3d
1172, 1179 (9th Cir. 2006). “The mere fact that the
production of records may lead to a litigant's
embarrassment, incrimination, or exposure to further
litigation will not, without more, compel the court to seal
its records.” Id. The public interest in full
disclosure of documents is grounded upon the “ensuring
the ‘public's understanding of the judicial process
and of significant public events.'” Id.
(citations omitted). The court has inherent power over its
own records and files, and access may be denied where the
court determines that the documents may be used for improper
purposes. Nixon v. Warner Comm., Inc., 435 U.S. 589,
598 (1978); Hagestad v. Tragesser, 49 F.3d 1430,
1433-34 (9th Cir. 1995); Kamakana, 447 F.3d at 1179.
raises compelling reasons justifying the filing under seal of
Exhibits B and E. The exhibits contain Borrower's
promissory note and payment information identifying the
balance of the loan. (ECF No. 90 (sealed).) The public has no
significant need to access this information and its
dissemination could result in unnecessary economic or
emotional harm to Borrower. Accordingly, the Court grants
BoNYM's motion to seal.
therefore ordered that BoNYM's claim for breach of
contract against Borrower is dismissed because it is
further ordered that BoNYM's motion for default judgment
(ECF No. 88) is denied as moot.
further ordered that BoNYM's motion to seal (ECF No. 89)
further ordered that the Clerk of Court will enter final
judgment in accordance with this order and the Court's
order at ECF No. 80 and close this case.
BoNYM is the acronym used herein to
refer to The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of CWALT, Inc.,
Alternative Loan Trust 2005-54CB, Mortgage Pass-Through
Certificates, Series 2005-54CB.
The Court has found that the HOA Sale
extinguished BoNYM's deed of trust (“DOT”)
and that Defendant/Counterclaimant SFR took title to the
Property free and clear of ...