IN THE SUPREME COURT OF THE STATE OF NEVADA
U.S. BANK NATIONAL ASSOCIATION, No. 69457
AS TRUSTEE IN TRUST FOR THE
REGISTERED HOLDERS OF
CITIGROUP MORTGAGE LOAN
TRUST, ASSET-BACKED PASS-
FILED
THROUGH CERTIFICATES, SERIES JUN 2 7 2016
2005-HE3; AND NATIONAL DEFAULT
SERVICING CORPORATION, A ci.Ep.g..5.,LatmEEmia,„
FOREIGN CORPORATION, BY
CHIEF CEPIPTCL
Appellants,
vs.
RJRN HOLDINGS, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a November 5, 2015, findings of fact,
conclusions of law, and order, and from a December 10, 2015, judgment.
Eighth Judicial District Court, Clark County; James Crockett, Judge.
When our initial review of the docketing statement revealed a
potential jurisdictional defect, we ordered appellants to show cause why
this appeal should not be dismissed for lack of jurisdiction. Specifically, it
was not clear whether the counterclaims against Spring Mountain Ranch
Master Association and Nevada Association Services or the counterclaim
for unjust enrichment were resolved such that the district court order or
judgment was appealable as a final judgment under NRAP 3A(b)(1). See
Lee v. GNLV, Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000).
In response to our order, appellant has submitted a copy of a
stipulation resolving the counterclaims against Spring Mountain Ranch
Master Association and Nevada Association Services. Appellants also
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assert that the counterclaim for unjust enrichment was dismissed in the
November 5, 2015, findings of fact and conclusions of law. But that order
did not resolve the unjust enrichment claim. Instead, it granted
respondent's motion for summary judgment, which did not request
summary judgment with respect to thefl unjust enrichment claim, and
denied appellants' motion for summary judgment and request for a
continuance. Accordingly, appellants fail to demonstrate that the
counterclaim for unjust enrichment was resolved in the district court and
thus that the challenged order and judgment are appealable under NRAP
3A(b)(1). We conclude that we lack jurisdiction and
ORDER this appeal DISMISSED.
Hardesty
Saitta
A defIA. Cup
Pickering
J.
cc: Hon. James Crockett, District Judge
Wright, Finlay & Zak, LLP/Las Vegas
The Law Office of Mike Beede, PLLC
Eighth District Court Clerk
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