NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 20 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
In re: GREYSTONE NEVADA, LLC; No. 13-70546
U.S. HOME CORPORATION,
DC Nos. 2:11 cv-1422 RCJ
2:11 cv-1424 RCJ
GREYSTONE NEVADA, LLC; U.S.
HOME CORPORATION,
MEMORANDUM*
Petitioners,
v.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA, LAS
VEGAS,
Respondent,
ANTHEM HIGHLANDS COMMUNITY
ASSOCIATION; FIESTA PARK
HOMEOWNERS’ ASSOCIATION,
Real Parties in Interest.
Petition for Writ of Mandamus to
the United States District Court
for the District of Nevada
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Argued and Submitted November 4, 2013
San Francisco, California
Before: TASHIMA, W. FLETCHER, and NGUYEN, Circuit Judges.
In their petition for a writ of mandamus, “Petitioners seek an order directing
the district court to dismiss the HOAs’ [Home Owner Associations’] counterclaims
. . . .” Since the filing of the petition, however, those counterclaims have been
dismissed by the district court. This mandamus proceeding, therefore, has been
rendered moot because Petitioners have already obtained all of the relief they seek
in this proceeding. See ACF Indus., Inc. v. Cal. State Bd. of Equalization, 42 F.3d
1286, 1292 (9th Cir. 1994) (dismissing as moot an appeal from the denial of a
motion to dismiss certain claims where the district court had subsequently
dismissed those claims).
Petitioners contend that this proceeding has not been mooted by the
dismissal of the HOAs’ counterclaims because there remain issues on which they
seek a ruling from this court. Those issues, however, are not yet ripe for
adjudication because the district court has not yet rendered a definitive ruling on
them. Even if they were ripe, they do not meet the five-factor Bauman test to
justify issuance of the writ. See Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-55
(9th Cir. 1977).
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The petition is DENIED.
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