SFR Investments Pool 1, LLC v. Nationstar Mortgage LLC

• Court: District Court, D. Nevada
• Decided: March 7, 2024
• Docket: 3:22-cv-00128
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 SFR INVESTMENTS POOL 1, LLC, Case No. 3:22-cv-00128-MMD-CLB

7 Plaintiffs, ORDER v. 8 NATIONSTAR MORTGAGE, LLC 9 D\B\A MR. COOPER,

10 Defendant.

11 12 Plaintiff SFR Investments Pool 1, LLC sued Defendant Nationstar Mortgage, LLC, 13 d\b\a Mr. Cooper in state court to stop a foreclosure sale of the property located at 6461 14 Meadow Hill Drive, Reno, Nevada 89509. (ECF No. 1-1 at 2-29.) Nationstar removed to 15 this Court. (ECF No. 1.) The Court denied SFR’s motion for a preliminary injunction and 16 granted Nationstar’s motion to dismiss the operative complaint. (ECF No. 25.) SFR 17 appealed that order (ECF No. 29), and the United States Court of Appeals for the Ninth 18 Circuit affirmed in part, reversed in part, and remanded (ECF No. 32). Now that the Ninth 19 Circuit has issued its mandate (ECF No. 34), the Court issues this order to execute it. 20 See, e.g., United States v. Perez, 475 F.3d 1110, 1113 (9th Cir. 2007) (“lower courts are 21 obliged to execute the terms of a mandate”). 22 It is therefore ordered that the Court’s prior order (ECF No. 25 at 5-6) and 23 corresponding judgment (ECF No. 28) are vacated, in part, only to the extent necessary 24 to vacate the Court’s dismissal of SFR’s claim based on NRS §§ 107.200 or 107.210 25 regarding SFR’s allegation that Nationstar willfully failed to timely deliver the statements 26 SFR requested under those statutes. 27 /// 28 /// 1 It is further ordered that the parties must file a joint status report proposing a series 2 || of next steps to bring this case to a final resolution within 30 days. 3 DATED THIS 7* Day of March 2024.

5 MIRANDA M. DU 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28