Aboulafia v. Mortgage Electronic Registration Systems, Inc. et al

Filing 16

ORDER Granting 15 Motion to Expunge Lis Pendens. Signed by Judge James C. Mahan on 10/3/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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STEVEN ABOULAFIA,

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2:12-CV-389 JCM (PAL)

Plaintiff,
v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., et
al.,
Defendants.

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ORDER

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Presently before the court is defendants Mortgage Electronic Registration System Inc., et al.’s

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motion to expunge lis pendens. (Doc. # 15). Plaintiff Steven Aboulafia has failed to file an

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opposition.

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Pursuant to Local Rule 7-2(b), an opposing party’s failure to file a timely response to any
motion constitutes the party’s consent to the granting of the motion.

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Here, plaintiff filed a complaint in the instant action on March 9, 2012, and recorded a lis

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pendens against the real property on or about June 21, 2011. This court granted the motion to dismiss

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plaintiff’s claims (doc. # 13) on August 2, 2012. Plaintiff has failed to release the lis pendens.

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...

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James C. Mahan
U.S. District Judge

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The claims against defendant being dismissed and the case now closed, the lis pendens is no

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longer necessary. In light of these facts and the plaintiff’s failure to respond, the court finds it is

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appropriate to expunge the lis pendens.1

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that defendant’s motion to

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expunge the lis pendens (doc. #15) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the above-referenced lis pendens is canceled, released, and
expunged.

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IT IS FURTHER ORDERED that defendants record a properly certified copy of this order

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in the real property records of Clark County, Nevada within a reasonable amount of time from the

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date of this order.

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DATED October 3, 2012.

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

Document number 201106210003290 in real property records maintained by the Clark

County Recorder.
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