Villanueva v. Ocwen Loan Servicing, LLC et al

Filing 14

ORDER Denying without prejudice 6 Motion to Dismiss and 8 Motion to Expunge Lis Pendens. This action is REFERRED to the Honorable Robert A. McQuaid, Jr., for the purpose of conducting a settlement conference. Signed by Judge Larry R. Hicks on 11/28/2012. (Copies have been distributed pursuant to the NEF; CC: Chambers - SLR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 14 *** ) ) ) ) ) ) ) ) ) ) ) ) 15 Before the court is defendant Ocwen Loan Servicing, LLC’s (“Ocwen”),1 motion to dismiss 9 ERNESTO VILLANUEVA, 10 Plaintiff, 11 v. 12 OCWEN FINANCIAL CORPORATION; et al., 13 Defendants. 2:12-cv-1059-LRH-RJJ ORDER 16 (Doc. #62 ) and motion to expunge lis pendens (Doc. #8). Plaintiff Ernesto Villanueva 17 (“Villanueva”) filed an opposition. Doc. #11. In his opposition, Villanueva requests an opportunity 18 for a settlement conference. See Doc. #11. 19 The court has reviewed the documents and pleadings on file in this matter and finds that a 20 settlement conference at this early stage of litigation is appropriate and would not prejudice either 21 party. Accordingly, the court shall deny Ocwen’s motions without prejudice and refer this action 22 for a settlement conference. 23 /// 24 25 26 1 Erroneously sued as Ocw en Financial Corporation. 2 Refers to the court’s docket entry number. 1 2 3 4 IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #6) and motion to expunge lis pendens (Doc. #8) are DENIED without prejudice. IT IS FURTHER ORDERED that this action is REFERRED to the Honorable Robert A. McQuaid, Jr., for the purpose of conducting a settlement conference. 5 IT IS SO ORDERED. 6 DATED this 28th day of November, 2012. 7 8 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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