Wells Fargo Bank, N.A. v. Mahogany Meadows Avenue Trust

— 1 — — 2 — — 3 — 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 WELLS FARGO BANK N.A., Case No. 2:17-CV-1469 JCM (VCF) 8 Plaintiff(s), ORDER 9 v. 10 MAHOGANY MEADOWS AVENUE TRUST, et al., — 11 — Defendant(s). — 12 — — 13 — Presently before the court is the matter of Wells Fargo Bank, N.A. v. Mahogany Meadows — 14 — Avenue Trust, et al., case number 2:17-cv-01469-JCM-VCF. On March 16, 2018, the court — 15 — granted defendant Mahogany Meadows Avenue Trust’s motion to dismiss (ECF No. 30) and, on — 16 — November 6, 2018, denied plaintiff Wells Fargo Bank, N.A.’s motion to reconsider that order — 17 — (ECF No. 34). Wells Fargo appealed, and that appeal remains pending. (ECF No. 35; 36). — 18 — The remaining defendants—Copper Creek Homeowners Association and Hampton & — 19 — Hampton Collections, LLC—have been dismissed from this action pursuant to the parties’ — 20 — stipulations. (ECF Nos. 18; 20; 38). — 21 — Further, the court’s prior order dismissed all of Wells Fargo’s claims. (See ECF No. 30). — 22 — Indeed, if it did not, then this court’s order would have been neither final nor appealable. Thus, — 23 — the case should have been closed when the court adjudicated Mahogany’s motion to dismiss. — 24 — “The general rule is that once a notice of appeal has been filed, the lower court loses — 25 — jurisdiction over the subject matter of the appeal.” Bennett v. Gemmill (In re. Combined Metals — 26 — Reduction Co.), 557 F.2d 179, 200 (9th Cir. 1977). Nevertheless, even after an appeal has been — 27 — — 28 — 1} filed, a district court “may act to assist the court of appeals in the exercise of its 2) jurisdiction.” Davis v. United States, 667 F.2d 822, 824 (9th Cir. 1982). 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court’s prior order 5 | (ECF No. 30) be, and the same hereby is, CORRECTED nunc pro tunc to instruct the clerk to 6 | enter judgment and close the case accordingly. 7 DATED July 15, 2020. 8 tins ©. Malan 9 UMNITED,STATES DISTRICT JUDGE — 10 — — 11 — — 12 — — 13 — — 14 — — 15 — — 16 — — 17 — — 18 — — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 — es C. Mahan District Judge _2-