Di Giovanni v. Williams

Filing 16

ORDER Granting 12 Motion to Expunge Lis Pendens. Signed by Judge Gloria M. Navarro on 11/14/11. (Copies have been distributed pursuant to the NEF - EDS)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINE M. PARVAN, ESQ.
Nevada Bar No. 10711
AKERMAN SENTERFITT LLP
400 South Fourth Street, Suite 450
Las Vegas, Nevada 89101
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN SENTERFITT LLP

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

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Case No.: 2:11-cv-00934-GMN-RJJ

FRANK DI GIOVANNI; TERESA
BOSTWICK,

[Proposed]
ORDER CANCELING LIS PENDENS

Plaintiffs,
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vs.

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MICHAEL J. WILLIAMS, and/or his successor,
individually, and in his official capacity as
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; BRIAN T. MOYNIHAN,
and/or his successor, individually, and in his
official capacity as PRES/CEO OF BAC HOME
LOANS SERVICING, LP; JAMES F. TAYLOR
and/or his successor, individually, and in his
official capacity as PRES. OF FIN. & ADMIN.
OF RECONTRUST COMPANY, N.A.; BRIAN
T. MOYNIHAN and/or his successor,
individually, and in his official capacity as
PRES/CEO OF BANK OF AMERICA, N.A.;
ANGELO MOZILO and/or his successor,
individually, and in his official capacity as
PRES/CEO OF COUNTRYWIDE HOME
LOANS, INC.; R.K. ARNOLD and/or his
successor, individually, and in his official
capacity as PRES/CEO OF MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.; AND JOHN DOES (Investors) 1-10,000,
et. al.,

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Defendants.
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///

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{21107376;1}

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This Court issued an Order Granting Defendants Bank of America, N.A.'s ("Defendants"),
Motion to Expunge Lis Pendens [Dkt. 12] ("Motion") on October _____, 2011.
November 14, 2011.
Defendants request that the lis pendens Plaintiffs FRANK DI GIOVANNI and TERESA
BOSTWICK ("Plaintiffs") recorded against the subject property be canceled.

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The Court finds that Plaintiffs recorded a Notice of Lis Pendens Affecting Real Property("Lis

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Pendens") on or about June 9, 2011, as Instrument Number 201106090000616 in real property

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records maintained by the Clark County Recorder. A copy of the Lis Pendens is attached to the

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Motion as Exhibit B and fully incorporated by reference.

AKERMAN SENTERFITT LLP

Upon consideration of Defendants' request to cancel the above-referenced Lis Pendens, and

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

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good cause appearing therefore, the Court hereby grants Defendants their requested relief and rules

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as follows:

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It is ordered, adjudged and decreed that the above-referenced Lis Pendens is hereby

canceled, released and expunged.
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It is further ordered, adjudged and decreed that this Order canceling the above-

referenced Lis Pendens has the same effect as an expungement of the original Lis Pendens.
3.

It is further ordered, adjudged and decreed that Defendants record a properly certified

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copy of this Cancellation Order in the real property records of Clark County, Nevada within a

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reasonable amount of time from the date of this Order's issue.

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APPROVED:
IT IS SO ORDERED this 14th day of November, 2011.

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________________________________
Gloria STATES DISTRICT JUDGE
UNITED M. Navarro
Dated: States District Judge
United

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Submitted by:
AKERMAN SENTERFITT LLP

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/s/ Christine M. Parvan
ARIEL E STERN, ESQ.
Nevada Bar No. 8276
CHRISTINE M. PARVAN, ESQ.
Nevada Bar No. 10711
400 South Fourth Street, Suite 450
Las Vegas, Nevada 89101

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Attorneys for Defendants

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{21107376;1}

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