West v. Recontrust Company et al

Filing 62

ORDER Granting 60 Ex Parte Motion for Expungement of Notices of Pendency of Action. Signed by Judge Gloria M. Navarro on 12/16/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CODY B. WEST,

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Case No.: 2:10-cv-01950-GMN-LRL
Plaintiff,
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v.
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BANK OF AMERICA, N.A.; RECONTRUST ) ORDER FOR EXPUNGEMENT OF
COMPANY, N.A.; BAC HOME LOANS
) NOTICES OF PENDENCY OF ACTION
SERVICING, LP; ASPEN MORTGAGE,
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LLC; SOUTH SHORE LAND
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ACQUISITIONS, LLC; MORTGAGE
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ELECTRONIC REGISTRATION SYSTEMS. )
INC.,
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Defendants.
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_____________________________________ )

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On October 13, 2010, in connection with the instant lawsuit, Plaintiff Cody B. West

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recorded a Notice of Pendency of Action in the official records of Clark County as Instrument

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No. 20101013-0001026.

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On September 2, 2011, in connection with the instant lawsuit, Plaintiff Cody B. West
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recorded another Notice of Pendency of Action in the official records of Clark County as
Instrument No. 20110902-0001386.

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The lawsuit was dismissed in its entirety with leave to amend certain causes of action
by September 21, 2011. Plaintiff West failed to amend, and thus the Complaint has been

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dismissed with prejudice in its entirety.
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C462

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Plaintiff West, without leave to amend, filed a new Amended Complaint which failed to
state any claims upon which relief can be granted, and thus the improperly filed Amended

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Complaint was dismissed with prejudice.
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There being no causes of action remaining in this action, the Court finds that the

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existence of numerous recorded Notices of Pendency of Action is improperly clouding title to

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the property.

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IT IS HEREBY ORDERED that said Notices of Pendency of Action be expunged,
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cancelled and removed from the official records of Clark County.

DATED this
DATED this 16th day of December, 2011.
day of

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, 2011.

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________________________________
Gloria M. Navarro
United States District Judge
United States District Judge

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Respectfully submitted by:

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/s/ Shadd A. Wade
Shadd A. Wade, Esq.
Nevada State Bar No. 11310
THE COOPER CASTLE LAW FIRM, LLP
5275 S. Durango Drive
Las Vegas, Nevada 89113
Telephone [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant
South Shore Land Acquisitions, LLC

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C462

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