Solomon v. Bank of America Home Loans, a whollly owned subsidiary of Bank of America, N.A. et al

Filing 53

ORDER Denying 31 Plaintiff's Oral MOTION for Preliminary Injunction; Granting 18 MOTION to Dismiss filed by Bank of America Home Loans, Countrywide Bank, N.A., Countrywide Home Loans, Inc., and Countrywide Financial Corp; Granting 19 MOTI ON to Dismiss filed by Aurora Loan Services; Granting 29 Joinder to Motions to Dismiss and Motion to Expunge Lis Pendens filed by EMC Mortgage Corporation; and Granting 37 Joinder filed by Silver State Schools Credit Union. IT IS FURTHER ORDERED that the Lis Pendens in cancelled, released, and expunged. IT IS FURTHER ORDERED that this order canceling the Lis Pendens has the same effect as an expungement of the original Lis Pendens. IT IS FURTHER ORDERED that Defendant EMC Mortgage Corporat ion record a properly certified copy of this cancellation order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this order's issue. Signed by Judge Philip M. Pro on 11/1/10. (Copies have been distributed pursuant to the NEF - EDS)

Solomon v. Bank of America Home Loans, et al.

Doc. 53

Case 2:10-cv-00841-PMP-PAL Document 52

Filed 10/29/10 Page 1 of 2

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400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: [phone] ­ FAX: [phone]

ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 DIANA S. ERB, ESQ. Nevada Bar No. 10580 AKERMAN SENTERFITT LLP 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendants Bank of America Home Loans, Countrywide Home Loans, Inc. Countrywide Bank, N.A., Countrywide Financial Corp., and Aurora Loan Services LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA GARY SOLOMON, Plaintiff, vs. BANK OF AMERICA HOME LOANS, et al., Defendants. This Court has considered the following: (a) A hearing was held on September 15, 2010, and upon oral argument of the parties, consideration and good cause appearing therefore: IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction [Dkt. No. 31] is DENIED. IT IS FURTHER ORDERED that Defendants Bank of America Home Loans, Countrywide Home Loans, Inc., Countrywide Bank, N.A., and Countrywide Financial Corporation's Motion to Dismiss [Dkt. No. 18] is GRANTED. IT IS FURTHER ORDERED that Defendant Aurora Loan Services' Motion to Dismiss [Dkt. No. 19] is GRANTED. IT IS FURTHER ORDERED that Defendant EMC Mortgage Corporation's Joinder to Motions to Dismiss and Motion to Expunge Notices of Lis Pendens [Dkt. No. 29] is GRANTED.
{LV011130;1}

AKERMAN SENTERFITT LLP

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Case No.: 2:10-cv-00841-PMP-PAL ORDER

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Dockets.Justia.com

Case 2:10-cv-00841-PMP-PAL Document 52

Filed 10/29/10 Page 2 of 2

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400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: [phone] ­ FAX: [phone]

IT IS FURTHER ORDERED that Joinder of Defendant Silver State Schools Credit Union in Support of Motions to Dismiss [Dkt. No. 37] is GRANTED. IT IS FURTHER ORDERED that the Lis Pendens is hereby cancelled, released, and expunged. IT IS FURTHER ORDERED that this order canceling the Lis Pendens has the same effect as an expungement of the original Lis Pendens. IT IS FURTHER ORDERED that Defendant EMC Mortgage Corporation record a properly certified copy of this cancellation order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this order's issue. APPROVED:

AKERMAN SENTERFITT LLP

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{LV011130;1}

UNITED STATES DISTRICT JUDGE Dated : November 1, 2010 _

Submitted by: AKERMAN SENTERFITT LLP _ ARIEL E STERN, ESQ. Nevada Bar No. 8276 JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 DIANA S. ERB, ESQ. Nevada Bar No. 10580 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Attorneys for Defendants Bank of America Home Loans, Countrywide Home Loans, Inc. Countrywide Bank, N.A., Countrywide Financial Corp., and Aurora Loan Services LLC

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