McKinnon et al v. NDEX West, LLC

Filing 75

ORDER re 74 Declaration. The notice of pendency of action filed and recorded by or on behalf of Plaintiffs upon the real property located at 6208 Sweetbriar Court, Las Vegas, Nevada, 89146 (APN 163-02-814-017) with the Clark County Recorder&# 039;s Office as instrument number 201202290003061 is hereby cancelled and expunged. Plaintiffs shall record a copy of this order with the Clark County Recorder's Office within seven (7) days of its issuance. Signed by Judge James C. Mahan on 7/10/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THOMAS MCKINNON and GERI
MCKINNON,

2:12-CV-329 JCM (VCF)

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Plaintiffs,

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v.

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ONEWEST BANK, FSB, et al.,

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Defendants.

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ORDER

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Presently before the court is the matter of McKinnon et al. v. NDEX West, LLC (2:12-cv-329-

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JCM-VCF). On June 16, 2014, the court granted defendants’ motion to expunge the lis pendens upon

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the property at the center of this action. The court found that plaintiffs failed to establish a “fair

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chance of success on the merits” and ordered that the lis pendens be expunged pursuant to Nev. Rev.

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Stat. 14.015(3).

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On June 30, 2014, defendants filed a declaration seeking clarification from the court as to
the effect of its order. (Doc. # 74). Defendants observe that Nev. Rev. Stat. 14.015(5) provides,
If the court finds that the party who recorded the notice of pendency
of the action has failed to establish any of the matters required by
subsection 2, the court shall order the cancellation of the notice of
pendency and shall order the party who recorded the notice to record
with the recorder of the county a copy of the order of cancellation.
The order must state that the cancellation has the same effect as an
expungement of the original notice.

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(emphasis added).
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James C. Mahan
U.S. District Judge

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Defendants request an additional order from the court stating that “the cancellation has the

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same effect as an expungement of the original notice.” Defendants’ assertion that such a statement

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is necessary to expunge the lis pendens is misplaced, as the court did not find that plaintiffs failed

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to meet the requirements set forth in Nev. Rev. Stat. 14.015(2), but instead that plaintiffs lacked a

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“fair chance of success on the merits” as required by Nev. Rev. Stat. 14.015(3). Therefore, the

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specific language required for cancellation pursuant to Nev. Rev. Stat. 14.015(5) was not necessary

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to give effect to the court’s order.

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Nevertheless, the court finds it appropriate to reiterate that expunction of the lis pendens

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upon the property in this matter is warranted, as plaintiffs have failed to fulfill the requirements set

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forth in Nev. Rev. Stat. 14.015(3).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the notice of pendency of

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action filed and recorded by or on behalf of plaintiffs upon the real property located at 6208

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Sweetbriar Court, Las Vegas, Nevada, 89146 (APN 163-02-814-017) with the Clark County

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Recorder’s Office as instrument number 201202290003061 is hereby cancelled and expunged.

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IT IS FURTHER ORDERED that plaintiffs shall record a copy of this order with the Clark
County Recorder’s Office within seven (7) days of its issuance.
DATED July 10, 2014.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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