Bankruptcy Estate of Diego M. Galietti v. Western Progressive-Nevada, Inc. ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DIEGO GALIETTI, Case No.: 2:21-cv-02034-APG-BNW 4 Plaintiff Preliminary Injunction 5 v. [ECF No. 2] 6 WESTERN PROGRESSIVE-NEVADA, INC., 7 Defendant 8 9 On December 21, 2021, I conducted a hearing on plaintiff Diego Galietti’s motion for a 10 temporary restraining order (TRO) to enjoin the foreclosure sale of his house. ECF No. 2. Based 11 on the findings and conclusions I put on the record during the hearing, I will grant a preliminary 12 injunction instead of a TRO. 13 I THEREFORE ORDER that Galietti’s motion (ECF No. 2) is granted. I enjoin 14 defendant Western Progressive-Nevada, Inc. (WP) from conducting the foreclosure sale of the 15 house and real property located at 3569 Pinnate Drive, Las Vegas, NV 89147 (the Property) 16 pending further order of this court. 17 I FURTHER ORDER WP to file a supplemental brief by February 1, 2022 addressing 18 the issues I raised at the hearing, including how MERS had authority to execute the December 19 13, 2012 (recorded January 2, 2013) assignment to Citibank as Indenture Trustee (ECF No. 11-5) 20 after the bankruptcy of American Home Mortgage Acceptance, Inc.1 Galietti may file a 21 responsive brief by February 16, 2022. 22 23 1 See, e.g., Wood v. Germann, 331 P.3d 859, 861 n.4 (Nev. 2014) (“A scenario in which a loan assignment might be void is where the assignor did not possess the rights it was purporting to 1 I] FURTHER ORDER Galietti to post security for this injunction as follows: $750.00 will 2|| be deposited with the court by January 28, 2022. Fed. R. Civ. P. 65(c). On March 1, 2022, and on the first business day of each month thereafter, Galietti will deposit with the court an additional $1,000.00. Galietti will continue to deposit $1,000.00 each month while this injunction remains in effect. 6 DATED this 21st day of December, 2021. 7 Z 8 ANDREW P.GORDON 9 UNITED STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 ———___ assign.”). One question I expressed at the hearing is whether MERS lost its authority to execute 23]| the assignment after American Home filed bankruptcy.