Filed: Aug. 02, 2017
Latest Update: Aug. 02, 2017
Summary: JOINT MOTION TO LIFT STAY MIRANDA M. DU , District Judge . Plaintiff/Counter-defendant Nationstar Mortgage LLC ( Nationstar ) and Defendants River Glider Avenue Trust ( River Glider ) and Sahara Sunrise Homeowners' Association ( Sahara or HOA ), (collectively, the parties ) hereby submit the following joint motion to lift the stay in this matter: 1. The Court administratively stayed this case pending relief from the bankruptcy action involving Alessi & Koenig, LLC. (See ECF No. 46) 2.
Summary: JOINT MOTION TO LIFT STAY MIRANDA M. DU , District Judge . Plaintiff/Counter-defendant Nationstar Mortgage LLC ( Nationstar ) and Defendants River Glider Avenue Trust ( River Glider ) and Sahara Sunrise Homeowners' Association ( Sahara or HOA ), (collectively, the parties ) hereby submit the following joint motion to lift the stay in this matter: 1. The Court administratively stayed this case pending relief from the bankruptcy action involving Alessi & Koenig, LLC. (See ECF No. 46) 2. O..
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JOINT MOTION TO LIFT STAY
MIRANDA M. DU, District Judge.
Plaintiff/Counter-defendant Nationstar Mortgage LLC (Nationstar) and Defendants River Glider Avenue Trust (River Glider) and Sahara Sunrise Homeowners' Association (Sahara or HOA), (collectively, the parties) hereby submit the following joint motion to lift the stay in this matter:
1. The Court administratively stayed this case pending relief from the bankruptcy action involving Alessi & Koenig, LLC. (See ECF No. 46)
2. On April 24, 2017, the bankruptcy court granted relief, ordering "that the automatic stay under 11 U.S.C. §362 is hereby terminated for all purposes with the exception that collection of a judgment obtained against the Debtor may only be pursued against the Debtor in this Court." (Exhibit A, Order Granting in Part and Denying in Part Motion for Order Authorizing Procedures for: 1) Disposition of Excess Proceeds, 2) Review of Debtor's Books and Records, and 3) Relief from the Automatic Stay. Accordingly, the basis for the initial stay entered by the Court has expired.
3. On June 26, 2017, the United States Supreme Court in Bourne Valley Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154, 1159-60 (9th Cir. 2016) (holding NRS 116 is facially unconstitutional), denied certiorari. As cert has been denied, the parties hereby move the Court lift the litigation stay and provide the parties 30 days to refile all motions denied by the stays.
IT IS SO ORDERED.
