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HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP2, Plaintiff-Appellant, v. 3645 JULIA WALDENE ST. TRUST; et al., Defendants-Appellees.

NOT FOR PUBLICATION

Submitted April 21, 2022 San Francisco, California

Appeal from the United States District Court No. 2:17-cv-01565-JAD-VCF for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding

Before: IKUTA and HURWITZ, Circuit Judges, and TAGLE, District Judge.

MEMORANDUM

Having considered the parties' supplemental briefs, we vacate the judgment 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. --------- Notes: 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.

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HSBC Bank U.S. v. 3645 Julia Waldene St. Tr.
(Apr 25, 2022)