1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 THE BANK OF NEW YORK MELLON, Case No. 2:16-CV-2571 JCM (DJA)

8 Plaintiff(s), ORDER

9 v.

10 ELKHORN COMMUNITY ASSOCIATION, ET AL., 11 Defendant(s). 12

13 On December 23, 2019, the Ninth Circuit reversed and remanded the court’s order entering 14 summary judgment in favor of plaintiff Bank of New York Mellon (“BNYM”). (ECF No. 60). 15 The instant case is the second action BNYM has brought against Elkorn Community 16 Association concerning the same property. In the first action, this court granted Elkorn’s motion 17 to dismiss pursuant to Local Rule 7-2(d). The Ninth Circuit noted that, “[u]nder Nevada law, a 18 dismissal for failure to follow court rules was an ‘adjudication upon the merits,’ ‘even though the 19 substantive issues have not been tried.’” (ECF No. 61 at 5 (citing Five Star Capital Corp. v. Ruby, 20

(Nev. 2008) (en banc)). 21 On appeal, the Ninth Circuit held that Rule 41(b) and the doctrine of claim preclusion bar 22 the instant action.

at 3–4. Thus, the Ninth Circuit remanded the case with instructions to 23 dismiss.

24 Accordingly, 25 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that BNYM’s complaint be, 26 and the same hereby is, DISMISSED. 27 . . . 28 1 The clerk is instructed to enter judgment and close the case accordingly. 2 DATED January 24, 2020. 3 ts ©. Atallan 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-