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Bourne Valley Court Trust v. Wells Fargo Bank, N.A.

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Petition for certiorari denied on June 26, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1208 9th Cir. N/A N/A N/A N/A OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that Nevada's statute authorizing nonjudicial foreclosure of association liens, Nev. Rev. Stat. §§ 1116.3116 et seq., was facially unconstitutional under the due process clause for not requiring direct notice to junior lienholders, when the only state action involved was the enactment of the statute regulating the private sale.

DateProceedings and Orders (key to color coding)
Jan 19 2017Application (16A753) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to March 6, 2017, submitted to Justice Kennedy.
Jan 24 2017Response to application from respondent Wells Fargo Bank, NA filed.
Jan 30 2017Application (16A753) granted by Justice Kennedy extending the time to file until March 6, 2017.
Feb 22 2017Application (16A753) to extend further the time from March 6, 2017 to April 3, 2017, submitted to Justice Kennedy.
Feb 24 2017Application (16A753) granted by Justice Kennedy extending the time to file until April 3, 2017.
Apr 3 2017Petition for a writ of certiorari filed. (Response due May 8, 2017)
May 1 2017Brief amicus curiae of The Community Associations Institute filed.
May 2 2017Order extending time to file response to petition to and including May 16, 2017.
May 4 2017Brief amici curiae of Las Vegas Development Group, LLC, et al. filed.
May 16 2017Brief of respondent Wells Fargo Bank, NA in opposition filed.
May 16 2017Brief amici curiae of The Mortgage Bankers Association, et al. filed.
May 30 2017DISTRIBUTED for Conference of June 15, 2017.
May 30 2017Reply of petitioner Bourne Valley Court Trust filed. (Distributed)
Jun 19 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017Petition DENIED.