NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 3 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

BANK OF NEW YORK MELLON, FKA No. 17-16551 Bank of New York, Trustee for the Certificateholders of CWALT, Inc., D.C. No. Alternative Loan Trust 2004-36CB, 2:17-cv-00376-JCM-GWF Mortgage Pass-Through Certificates, Series 2004-36CB, ORDER* Plaintiff-Appellant,

v.

HOMEOWNER ASSOCIATION SERVICES, INC.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Submitted March 11, 2019** San Francisco, California

Before: W. FLETCHER, WATFORD, and HURWITZ, Circuit Judges.

We vacate the order of the district court and remand for further proceedings

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Page 2 of 2

consistent with the opinion in Bank of America, N.A. v. Arlington West Twilight

Homeowners Association, No. 17-15796, filed today.

VACATED and REMANDED. Each party to bear its own costs.