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

7 WELLS FARGO BANK, Case No. 2:21-CV-326 JCM (BNW)

8 Plaintiff(s), ORDER

9 v.

10 WESTCOR LAND TITLE INSURANCE COMPANY, 11 Defendant(s). 12

13 Presently before the court is defendant Westcor Land Title Insurance Company’s 14 (“Westcor”) motion to stay this case pending resolution of the so-called Wells Fargo II 15 appeal, Wells Fargo Bank, N.A. v. Fidelity National Title Ins. Co., Ninth Cir. Case No. 19- 16 17332, Case No. 3:19-cv-00241-MMD-WGC. (ECF No. 24). 17 Plaintiff Wells Fargo does not oppose a stay albeit for different reasons than Westcor. 18 (ECF No. 26). Wells Fargo says the Wells Fargo II appeal will not be helpful in resolving 19 this case. (Id. at 2). Unlike the Wells Fargo II appeal, this case turns on the “custom, 20 practice, and trade usage arising out of the title insurance industry and Westcor’s own 21 internal endorsement manuals.” (Id.). Chief Judge Du has intimated the same line of 22 reasoning. (Id. (citing HSBC Bank USA v. Fid. Nat'l Title Grp., Inc., No. 2:18-cv-02162- 23 MMD-DJA,

, at *1 (D. Nev. Apr. 22, 2021))). Nonetheless, Wells Fargo 24 does not oppose a stay because of this court’s inclination to stay all title insurance cases 25 pending the Wells Fargo II appeal and another pending case it has with Westcor in which 26 discovery may prove to be duplicative to the discovery here. (Id.). 27 28 1 Accordingly, based on the factors in Lockyer v. Mirant Corp.,

, 1110 2| (9th Cir. 2005), 3 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Westcor’s motion to 4| stay this case (ECF No. 24) be, and the same hereby is, GRANTED. This case is STAYED 5 | for all purposes pending the issuance of the mandate in the Wells Fargo II appeal. 6 IT IS FURTHER ORDERED that all pending motions (ECF Nos. 6, 14) are DENIED 7 | without prejudice to the parties’ ability to refile them after the stay is lifted. The parties must 8 | move to lift the stay, reopen this case, and refile any motions within 30 days of the issuance of the mandate in the Well Fargo I appeal. 10 The clerk shall ADMINISTRATIVELY CLOSE this case. 11 DATED July 2, 2021. 12 btw ©. Arabtec. UNITED, STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-