Case Details

CourtCourt of Appeals for the Ninth Circuit
Docket number10-15215
Date case filed01/29/2010
Date case closed06/24/2013
Date of latest filing
Assigned to
Case cause
Nature of suit3290 Other Real Property Actions
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
2305/13/2011 Filed (ECF) Appellees Deutsche Bank National Trust Company, Homeq Servicing Corporation and National Default Servicing Corporation citation of supplemental authorities. Date of service: 05/13/2011. [7751489] (JSA)
2405/16/2011 Filed (ECF) Appellants Brenda J. Gully Chapman and George P. Chapman, Jr. citation of supplemental authorities. Date of service: 05/13/2011. [7753300]--[COURT UPDATE: Replaced searchable pdf of citation and attachment. Resent NDA. 05/16/2011 by TT] (GLG)
2506/23/2011 Filed Order for PUBLICATION (RONALD M. GOULD, MILAN D. SMITH, JR. and AMY J. ST. EVE) for certification to Nevada State Supreme Court. “Where concurrent proceedings in state and federal court are both suits in rem or quasi in rem, the court first assuming jurisdiction over the property may maintain and exercise that jurisdiction to the exclusion of the other.” Knaefler v. Mack, 680 F.2d 671, 675 (9th Cir. 1982) (footnote omitted). The property at issue in this quiet title action was also the subject of a previously filed unlawful detainer action that was proceeding concurrently in state court. In order to decide whether the federal District Court properly exercised jurisdiction over this action, we must determine whether Nevada law characterizes quiet title actions and unlawful detainer actions as in rem, quasi in rem, or in personam. Because these questions of law are determinative of the matter pending before this court, and there is no clearly controlling precedent in the decisions of the Nevada Supreme Court, we respectfully certify to the Nevada Supreme Court the questions of law set forth in Part III of this order. See Nev. R. App. P. 5. (see order for full text) Because these open questions of Nevada state law will determine the outcome of this case, we respectfully request that the Nevada Supreme Court accept and decide the questions certified. We agree to abide by the Nevada Supreme Court’s decision, as specified by Nevada Rule of Appellate Procedure 5(h), which provides that “[t]he written opinion of the Supreme Court stating the law governing the questions certified . . . shall be res judicata as to the parties.” The clerk of this court shall forward a copy of this order, under official seal, to the Nevada Supreme Court, along with copies of all briefs and excerpts of record that have been filed with this court. The parties shall notify the clerk of this court within seven (7) days of any decision by the Nevada Supreme Court to accept or decline certification, and, if the Nevada Supreme Court accepts certification, the parties shall then notify the clerk of this court within seven (7) days of the issuance of that Court’s opinion. If the Nevada Supreme Court accepts certification, Plaintiffs-Appellants George and Brenda Chapman shall be the appellants in that Court, and Defendants-Appellees Deutsche Bank National Trust Company, National Default Servicing Corporation, and HomEq Servicing Corporation shall be the respondents. As required by Nevada Rule of Appellate Procedure 5(c)(5), the names and addresses of counsel appear in the appendix. IT IS SO ORDERED. [7794911] (RP)
2706/27/2011 Received from Supreme Court of the State of Nevada re: receipt for documents. (panel) [7799137] (EL)
2807/29/2011 Received Supreme Court of the State of Nevada order dated 07/27/2011directing briefing. (panel) [7837711] (EL)
2910/18/2011 Received a copy of the Respondent's answering brief filed in the Supreme Court of the State of Nevada [7935950] (PANEL) (WP)
3006/03/2013 Received from the Supreme Court of the State of Nevada re: Advance Opinion filed on 5/30/13. (PANEL) [8657242] (EL)
3106/24/2013 FILED MEMORANDUM DISPOSITION (RONALD M. GOULD, MILAN D. SMITH, JR. and AMY J. ST. EVE) VACATED; REMANDED. FILED AND ENTERED JUDGMENT. [8678840] (PH)
31.1 Main Document
31.2 Post Judgment Form
3207/17/2013 MANDATE ISSUED.(RMG, MDS and AJS) [8706941] (MT)