U.S. Bank v. Countryside Hoa

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 3 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT U.S. BANK, N.A., As Trustee for the No. 17-15975 Holders of the CSFB Mortgage Securities Corp., Adjustable Rate Mortgage Trust D.C. No. 2005-8, Adjustable Rate Mortgage-Backed 2:15-cv-01463-RCJ-GWF Pass-Through Certificates, Series 2005-8, Plaintiff-counter- ORDER* defendant-Appellee, v. COUNTRYSIDE HOMEOWNERS ASSOCIATION, Defendant, and KK REAL ESTATE INVESTMENT FUND, LLC, Defendant-counter-claimant- Appellant. U.S. BANK, N.A., As Trustee for the No. 17-16097 Holders of the CSFB Mortgage Securities Corp., Adjustable Rate Mortgage Trust D.C. No. 2005-8, Adjustable Rate Mortgage-Backed 2:15-cv-01463-RCJ-GWF Pass-Through Certificates, Series 2005-8, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Page 2 of 2 Plaintiff-counter- defendant-Appellee, v. COUNTRYSIDE HOMEOWNERS ASSOCIATION, Defendant-Appellant, and KK REAL ESTATE INVESTMENT FUND, LLC, Defendant-counter-claimant. Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding Submitted March 11, 2019** San Francisco, California Before: W. FLETCHER, WATFORD, and HURWITZ, Circuit Judges. We vacate the order of the district court and remand for further proceedings consistent with the opinion in Bank of America, N.A. v. Arlington West Twilight Homeowners Association, No. 17-15796, filed today. VACATED and REMANDED. Each party to bear its own costs. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).