CB, Mortgage Pass-Through Certificates, Series 2004-36CB v. Homeowner Association Services, Inc.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BANK OF NEW YORK MELLON, FKA
Bank of New York, Trustee for the
Certificateholders of CWALT, Inc.,
Alternative Loan Trust 2004-36CB,
Mortgage Pass-Through Certificates, Series
2004-36CB,
Plaintiff-Appellant,
v.
HOMEOWNER ASSOCIATION
SERVICES, INC.; et al.,
Defendants-Appellees.
No. 17-16551
D.C. No.
2:17-cv-00376-JCM-GWF
ORDER*
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).
FILED
APR 3 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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