HSBC Bank USA v. 3645 Julia Waldene St. Trust ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HSBC BANK USA, NATIONAL No. 19-16024
ASSOCIATION, as Trustee for ACE
Securities Corp. Home Equity Loan Trust, D.C. No.
Series 2006-OP2, 2:17-cv-01565-JAD-VCF
Plaintiff-Appellant,
MEMORANDUM*
v.
3645 JULIA WALDENE ST. TRUST; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted April 21, 2022**
San Francisco, California
Before: IKUTA and HURWITZ, Circuit Judges, and TAGLE,*** District Judge.
Having considered the parties’ supplemental briefs, we vacate the judgment
*
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).
***
The Honorable Hilda G. Tagle, United States District Judge for the
Southern District of Texas, sitting by designation.
of the district court and remand for further proceedings to allow the district court to
address in the first instance the relevance of U.S. Bank, N.A. v. Thunder Properties,
Inc., 503 P.3d 299 (Nev. 2022), to this matter. The parties should also address any
other arguments they may have, whether raised in the supplemental briefs or
otherwise, to the district court in the first instance.
VACATED AND REMANDED. Each party to bear its own costs.
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