Bdj Inv.'s, LLC v. US Bank, Nat'l. Ass'n. C/W 72564
Bdj Inv.'s, LLC v. US Bank, Nat'l. Ass'n. C/W 72564
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
BDJ INVESTMENTS, LLC, A NEVADA No. 70229 LIMITED LIABILITY COMPANY, Appellant, vs. US BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CERRIFICATE FILED HOLDERS OF BEAR STEARNS ASSET OCT 2 4 2017 BACKED SECURITIES 1 LLC, ASSET ELIZABETH A. BROWN CLERK OF §UPREME COURT BACK CERTIFICATES, SERIES 2006- BY C.
AC5, A NATIONAL ASSOCIATION, DEPUTY CLE RK
Respondent.
BDJ INVESTMENTS, LLC, A NEVADA No. 72564 LIMITED LIABILITY COMPANY, Appellant, vs. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2006-AC5, Respondent.
ORDER GRANTING MOTION FOR REMAND AND DISMISSING APPEALS The parties have filed a stipulation to dismiss these appeals and remand this matter to the district court pursuant to Foster v. Dingwall, 126 Nev. 49, 228 P.3d 453 (2010), and Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978). The stipulation is accompanied by a district court order certifying that, upon remand, it would vacate the orders challenged in these appeals and allow the parties to proceed with discovery and litigation.
We treat the stipulation as a joint motion and, cause appearing, grant the motion. We remand these matters to the district court pursuant SUPREME COURT OF NEVADA (0) 1947A (e) /7 -3(470 to its certification and order these appeals dismissed. This dismissal is without prejudice to appellant's right to file a motion to reinstate these appeals should the district court decline to grant the relief requested. Any such motion to reinstate this appeal shall be filed within 60 days of the district court's order declining to grant the requested relief.
It is so ORDERED.
J.
Pickering
cc: Hon. Kathleen E. Delaney, District Judge John Walter Boyer, Settlement Judge Ayon Law, PLLC Ballard Spahr LLP Eighth District Court Clerk
SUPREME COURT OF NEVADA (0) 1947A 0
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