NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
THE BANK OF NEW YORK MELLON, No. 19-16281
FKA Bank of New York, as Trustee for the
Certificateholders of The CWABS, Inc., D.C. No.
Asset-Backed Certificates, Series 2006-4, 2:17-cv-03084-MMD-NJK
Plaintiff-Appellee,
MEMORANDUM*
v.
886 PARK WALK TRUST,
Defendant-Appellant,
and
OAK PARK HOMEOWNERS
ASSOCIATION; ABSOLUTE
COLLECTION SERVICES, LLC,
Defendants.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, Chief District Judge, Presiding
Submitted July 9, 2020**
Seattle, Washington
*
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).
Before: HAWKINS, D.M. FISHER,*** and M. SMITH, Circuit Judges.
886 Park Walk Trust (the “Trust”) challenges the district court’s adverse grant
of summary judgment declaring that the Trust purchased property located at 886
Park Walk, Las Vegas, Nevada subject to a deed of trust held by the Bank of New
York Mellon (“BNY”). We have jurisdiction under 28 U.S.C. § 1291 and affirm.
The Trust’s sole contention on appeal is that BNY’s claim is barred by a three-
year statute of limitations. The Trust concedes, however, that it failed to raise its
statute of limitations defense in district court. We may consider an issue raised for
the first time on appeal under certain “exceptional circumstances,” AlohaCare v.
Hawaii, Dep’t of Human Servs., 572 F.3d 740, 744–45 (9th Cir. 2009), but this case
does not present such circumstances.
AFFIRMED.
***
The Honorable D. Michael Fisher, United States Circuit Judge for the
U.S. Court of Appeals for the Third Circuit, sitting by designation.
2 19-16281