STIPULATION AND ORDER TO STAY CASE PENDING APPEAL

ECF Nos. 12, 22, 31

JENNIFER A. DORSEY, District Judge.

Plaintiff, U.S. Bank National Association, As Successor In Interest To Wachovia Bank, National Association, As Trustee For Banc Of America Funding Corporation Mortgage Pass-Through Certificates, Series 2004-C ("U.S. Bank"), and Defendant, North American Title Insurance Company ("NATIC"), by and through their counsel of record, hereby agree and stipulate as follows.

WHEREAS, there are now currently pending in the United States District Court for the District of Nevada more than fifty (50) actions between national banks, on the one hand, and their title insurers, on the other hand (the "Actions");

WHEREAS, each of the Actions involves a title insurance coverage dispute wherein the national bank contends, and the title insurer disputes, that a title insurance claim involving an HOA assessment lien and subsequent sale was covered by a policy of title insurance;

WHEREAS, in many of these Actions, the title insurer underwrote an ALTA 1992 loan policy of title insurance with form 1 coverage, along with the CLTA 100/ALTA 9 Endorsement and either the CLTA 115.1/ALTA 4 Endorsement or the CLTA 115.2/ALTA 5 Endorsement (the "Form Policy");

WHEREAS, many of the Actions implicate common questions of interpretation of the Form Policy;

WHEREAS, the national bank in one of these actions has now appealed a judgment of dismissal to the Ninth Circuit Court of Appeals, Wells Fargo Bank, N.A. v. Fidelity National Title Ins. Co., Ninth Cir. Case No. 19-17332 (District Court Case No. 3:19-cv-00241-MMD-WGC) (the "Wells Fargo II Appeal");

WHEREAS, the Parties anticipate that the Ninth Circuit Court of Appeals' decision in the Wells Fargo II Appeal may touch upon issues regarding the interpretation of the Form Policy and the reasonableness of the insurer's denial, that could potentially affect the disposition of the other Actions, including the instant action;

WHEREAS the Parties agree that it is appropriate and desirous to stay the instant action pending the disposition of the Wells Fargo II Appeal, that a stay of the instant action will not prejudice either of the Parties, and that a stay of the instant action will best serve the interests of judicial economy (given the possibility that the Ninth Circuit Court of Appeals' decision on the Wells Fargo II Appeal might affect the disposition of this case);

NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate and agree as follows:

IT IS SO ORDERED. This case is STAYED by stipulation.

IT IS FURTHER ORDERED that all pending motions [ECF Nos. 12, 22] are DENIED without prejudice to their prompt refiling within 30 days of an order lifting this stay.