HSBC BANK USA V. 3645 JULIA WALDENE ST. TRUST, No. 19-16024 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 25 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP2, No. U.S. COURT OF APPEALS 19-16024 D.C. No. 2:17-cv-01565-JAD-VCF Plaintiff-Appellant, MEMORANDUM* v. 3645 JULIA WALDENE ST. TRUST; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding Submitted April 21, 2022** San Francisco, California Before: IKUTA and HURWITZ, Circuit Judges, and TAGLE,*** District Judge. Having considered the parties’ supplemental briefs, we vacate the judgment * 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). *** The Honorable Hilda G. Tagle, United States District Judge for the Southern District of Texas, sitting by designation. of the district court and remand for further proceedings to allow the district court to address in the first instance the relevance of U.S. Bank, N.A. v. Thunder Properties, Inc., 503 P.3d 299 (Nev. 2022), to this matter. The parties should also address any other arguments they may have, whether raised in the supplemental briefs or otherwise, to the district court in the first instance. VACATED AND REMANDED. Each party to bear its own costs. 2

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