Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: STIPULATION AND ORDER TO STAY CASE AND ALL DISCOVERY PENDING. RESOLUTION OF PENDING MOTION FOR SUMMARY JUDGMENT GLORIA M. NAVARRO , Chief District Judge . Bank of America, N.A. ( BANA ), and defendants Westchester Hills Homeowners' Association, Premier One Holdings, Inc., and Rillan Family Investment, LLC ( defendants ) (collectively, the parties ) stipulate to staying all discovery while the Court considers and rules on BANA's pending dispositive motion (ECF No. 26). This lawsuit involve
Summary: STIPULATION AND ORDER TO STAY CASE AND ALL DISCOVERY PENDING. RESOLUTION OF PENDING MOTION FOR SUMMARY JUDGMENT GLORIA M. NAVARRO , Chief District Judge . Bank of America, N.A. ( BANA ), and defendants Westchester Hills Homeowners' Association, Premier One Holdings, Inc., and Rillan Family Investment, LLC ( defendants ) (collectively, the parties ) stipulate to staying all discovery while the Court considers and rules on BANA's pending dispositive motion (ECF No. 26). This lawsuit involves..
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STIPULATION AND ORDER TO STAY CASE AND ALL DISCOVERY PENDING. RESOLUTION OF PENDING MOTION FOR SUMMARY JUDGMENT
GLORIA M. NAVARRO, Chief District Judge.
Bank of America, N.A. (BANA), and defendants Westchester Hills Homeowners' Association, Premier One Holdings, Inc., and Rillan Family Investment, LLC (defendants) (collectively, the parties) stipulate to staying all discovery while the Court considers and rules on BANA's pending dispositive motion (ECF No. 26).
This lawsuit involves claims for quiet title/declaratory relief related to the April 19, 2013 non-judicial homeowners' association foreclosure sale conducted on property located at 9071 Westchester Hill Avenue, Las Vegas, Nevada 89148 pursuant to NRS 116 (HOA Sale). BANA has filed a motion for partial summary judgment (ECF No. 26) raising a purely legal issue that can be resolved without discovery: whether the HOA Sale extinguished BANA's interest because the Nevada HOA foreclosure statute is facially unconstitutional, as set forth in Bourne Valley Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154, 1159 (9th Cir. 2016), cert. denied, 137 S.Ct. 2296 (June 26, 2017). The other parties reserve their right to oppose that motion, but agree to a stay.
ORDER
IT IS SO ORDERED.
