NOAH-Las Vegas Foundation Corporation et al v. Wells Fargo Bank, NA et al

Filing 111

ORDER Dismissing First Amended Complaint as to Defendant Barclays Capital Real Estate, Incl dba Homeq Servicing and Expunging Lis Pendens. Signed by Judge Gloria M. Navarro on 9/2/11. (Copies have been distributed pursuant to the NEF - ASB)

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FREDRICK S. LEVIN, CAL. SBN 187603
[e-mail]
DAWN N. WILLIAMS, CAL. SBN 267925
[e-mail]
RICK R. SMITH, CAL. SBN 232908
[e-mail]
DYKEMA GOSSETT, LLP
333 S. Grand Ave., Suite 2100
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Barclays Capital Real Estate, Inc.
dba HomEq Servicing
(Admitted pro hac vice)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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Case: 2:11-cv-00692-GMN-GWF

NOAH-LAS VEGAS FOUNDATION
CORPORATION, et al.,
Plaintiffs,

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[PROPOSED]
ORDER ORDER

DISMISSING FIRST AMENDED
COMPLAINT AS TO
DEFENDANT BARCLAYS
CAPITAL REAL ESTATE, INC.
DBA HOMEQ SERVICING AND
EXPUNGING LIS PENDENS

vs.
WELLS FARGO BANK, N.A., a
national banking association; WELLS
FARGO HOME MORTGAGE, a
national banking association; et al.,
Defendants.

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On May 28, 2011, Plaintiff Roselle Panon filed a Notice of Lis Pendens in

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this action regarding the property located at 4325 San Gabriel Hill Avenue, Las

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Vegas, Nevada 89115, County of Clark, State of Nevada, APN 123-29-210-009 (the

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“Lis Pendens”).

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On August 3, 2011, this Court issued a minute order for Plaintiffs to show

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cause (“OSC”) why the action should not be dismissed based on Plaintiffs’ failure to

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prosecute the action. See Docket No. 87. The OSC required Plaintiffs to respond by

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August 18, 2011. Id.

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On August 16, 2011, Defendant Barclays Capital Real Estate, Inc. dba

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HomEq Servicing (“HomEq”), a Delaware corporation erroneously named in this

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action as “HomEq Servicing, ” filed a Motion To Quash Service Or, In The

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Alternative, Dismiss First Amended Complaint (“Motion”). See Docket No. 97.

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The Motion requested that the Court dismiss Plaintiffs’ first amended complaint in

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its entirety as to HomEq, with prejudice and without leave to amend, and also that

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the Court order Plaintiff Roselle Panon to expunge the Lis Pendens.

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On August 25, 2011, the Court found that Plaintiffs had not responded to the

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OSC. Accordingly, the Court entered a minute order (“Order”) on August 25, 2011,

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granting the Motion as “unopposed.” See Docket No. 99.

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In light of the Order, Plaintiffs’ failure to oppose the Motion, and Plaintiffs’

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failure to show cause or otherwise respond to the OSC, and good cause having been

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shown,

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IT IS HEREBY ORDERED as follows:

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1. HomEq’s Motion To Quash Service Or, In The Alternative, Dismiss First

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Amended Complaint is GRANTED in its entirety, without leave to amend;
2. The first amended complaint and each and every cause of action alleged
therein against HomEq is DISMISSED with prejudice;
3. The Notice of Lis Pendens recorded by Plaintiffs against the title to the
property located at 4325 San Gabriel Hill Avenue, Las Vegas, Nevada 89115,
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County of Clark, State of Nevada, APN 123-29-210-009, and/or any similar

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document recorded by Plaintiffs as to such property, is hereby EXPUNGED and is

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no longer of any force or effect.

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IT IS SO ORDERED.

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DATED this 2nd day ofof September, 2011.
DATED this ___ day September, 2011.

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________________________________
Gloria M. NavarroM. Navarro
The Hon. Gloria
United States District Judge
United States District Judge

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Case 2:11-cv-00692-GMN -GWF Document 108

Filed 08/31/11 Page 4 of 4

CERTIFICATE OF SERVICE

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Pursuant to Local Rule 5-1, I hereby certify that I electronically submitted a

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copy of the foregoing document, entitled [PROPOSED] ORDER DISMISSING

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FIRST AMENDED COMPLAINT AS TO DEFENDANT BARCLAYS

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CAPITAL REAL ESTATE, INC. DBA HOMEQ SERVICING AND

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EXPUNGING LIS PENDENS, to the Clerk of the Court for the United States

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District Court for the District of Nevada using the CM/ECF system for filing and

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transmittal of a Notice of Electronic Filing to all counsel of record in this matter; all

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counsel being registered to receive such Notices of Electronic Filing.

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By: /s/ Fredrick S. Levin
Fredrick S. Levin, Esq.
Dykema Gossett, LLP

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PAS01\221439.1
ID\RRS - 088719/0083

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