Toromanova v. Wells Fargo Bank, N.A. et al

Filing 71

ORDER Granting 70 Motion to expunge lis pendens and for an order to show cause. Show Cause Response due within 20 days. Submission of Proposed Order due within 10 days. Signed by Judge Larry R. Hicks on 9/24/2014. (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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DIMITRITZA TOROMANOVA

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Plaintiff,

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v.

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WELLS FARGO BANK, N.A.; et al.,

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Defendants.

2:12-cv-1637-LRH-CWH
ORDER

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Before the court is defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) renewed motion to

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expunge lis pendens and for an order to show cause why plaintiff Dimitritza Toromanova

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(“Toromanova”) should not be held in contempt of court. Doc. #70.1 Plaintiff Toromanova did not

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file an opposition or otherwise respond to this motion.

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Plaintiff Toromanova filed a complaint in state court against defendants for wrongful

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foreclosure. See Doc. #1, Exhibit A. Wells Fargo removed the action to federal court on the basis of

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diversity jurisdiction. Doc. #1. Eventually, Wells Fargo filed a motion to dismiss (Doc. #10) which

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was granted by the court (Doc. #35). Thereafter, Wells Fargo filed the present motion to expunge

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lis pendens. Doc. #70.

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The failure of an opposing party to file points and authorities in response to any motion
shall constitute a consent to the granting of the motion under LR 7-2(d). Moreover, the court finds

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Refers to the court’s docket entry number.

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that defendant’s motion to expunge lis pendens is warranted based on the court’s order of

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dismissal. Doc. #35. Accordingly, the court shall grant Wells Fargo’s motion to expunge lis

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pendens.

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Additionally, the court finds that plaintiff Toromanova recorded the underlying lis pendens

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against the subject property without first obtaining leave of court as required by the court’s

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January 7, 2013 order. See Doc. #35, p. 3 (“Plaintiff Dimitritza Toromanova is declared a

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VEXATIOUS LITIGANT and is PERMANENTLY ENJOINED from filing any further actions

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against defendant Wells Fargo Bank, N.A. relating to the subject property or recording any

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documents against the subject property without first obtaining leave of Court.”). It appearing that

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Toromonova has violated the court’s order, the court shall order her to show cause why she should

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not be held in contempt of court.

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IT IS THEREFORE ORDERED that defendant’s motion to expunge lis pendens (Doc. #70)

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is GRANTED. Defendant Wells Fargo Bank, N.A. shall have ten (10) days to submit an

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appropriate proposed order expunging the lis pendens and submit the same for approval and

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signature.

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IT IS FURTHER ORDERED that plaintiff Dimitritza Toromanova shall have twenty (20)

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days from entry of this order to show cause why she should not be held in contempt of court for

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violating the court’s January 7, 2013 order.

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IT IS SO ORDERED.

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DATED this 24th day of September, 2014.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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