NOT FOR PUBLICATION FILED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
BANK OF NEW YORK MELLON, FKA No. 17-16551
Bank of New York, Trustee for the
Certificateholders of CWALT, Inc., D.C. No.
Alternative Loan Trust 2004-36CB, 2:17-cv-00376-JCM-GWF
Mortgage Pass-Through Certificates, Series
2004-36CB,
ORDER*
Plaintiff-Appellant,
v.
HOMEOWNER ASSOCIATION
SERVICES, INC.; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, 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
*
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).
Page 2 of 2
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.