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

Filing 73

ORDER Expunging Lis Pendens. Signed by Judge Larry R. Hicks on 9/26/2014. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:12-cv-01637-LRH-CWH Document 72 Filed 09/25/14 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIMITRITZA TOROMANOVA, an
Individual,

)
)
) Case No.:
Plaintiff,
)
)
vs.
)
)
WELLS FARGO BANK, N.A.; WACHOVIA )
MORTGAGE, FSB; NATIONAL DEFAULT )
SERVICING CORP; and TIFFANY K.
)
LABO,
)
)
Defendants.
)
)

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2:12-cv-1637-LRH-(CWH)

ORDER EXPUNGING LIS PENDENS
this action by the filing a Complaint in the Eighth Judicial District Court, Clark County, Nevada.

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On August 27, 2012, the plaintiff, Dimitritza Toromanova (“Toromanova”), commenced

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10161
 PARK
 R UN
 DRIVE,
 SUITE
 150

LAS
 V EGAS,
 NEVADA

 89145

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(See Doc. #1-1.1) In connection with this action, on August 27, 2012, Toromanova also filed a

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Notice of Pendency of Action (Doc. #1-3 at 2), which she recorded with the Clark County

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Recorder’s Office as Instrument No. 201208300003060 on August 30, 2012 (the “2012 Lis

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Pendens”). Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) removed the action to this Court

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by filing a Petition for Removal on September 18, 2012. (See Doc. #1.) On September 25, 2012,

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Wells Fargo filed a Motion to Dismiss and to Expunge Lis Pendens and Motion for Order

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Declaring Plaintiff a Vexatious Litigant (Docs. #10, #11, and #12.) Likewise, Defendant

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National Default Servicing Corporation (“NDSC”) filed a motion to dismiss on September 25,

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2012 (Doc. #8) and Defendant Tiffany K. Labo (“Labo”) filed a motion to dismiss on October 1,

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2012 (Doc. #14). On January 7, 2013, this Court entered an order granting the defendants’

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motions to dismiss and to expunge the lis pendens and declaring Toromanova a vexatious

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litigant. (Doc. #35). Accordingly, the Court entered an order expunging the 2012 Lis Pendens.

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(Doc. #38).

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Refers to the Court’s docket entry number.

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Case 2:12-cv-01637-LRH-CWH Document 72 Filed 09/25/14 Page 2 of 2

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On August 2, 2013, Toromanova filed a new Notice of Pendency of Action (Docs. #60

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and #61), which she recorded with the Clark County Recorder’s Office as Instrument No.

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201308020003192 that same day (the “2013 Lis Pendens”). Consequently, Wells Fargo filed a

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Motion to Expunge Lis Pendens seeking an order canceling the 2013 Lis Pendens. (Doc. #64).

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Toromanova failed to file points and authorities in response to the motion. There being no

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opposition filed, and good cause appearing therefor, on March 21, 2014, the Court entered an

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order granting the Motion (Doc. #66), and on March 26, 2014, the Court entered its Order

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Expunging Lis Pendens. (Doc. #68).

Recorder’s Office as Instrument No. 20140611-0003163 (the “Re-Recorded Lis Pendens”). On

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July 31, 2014, Wells Fargo filed a Motion for Order to Show Cause Why Plaintiff Should Not Be

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Held in Contempt and to Expunge Lis Pendens seeking, among other things, an order expunging

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the Re-Recorded Lis Pendens. (Doc. #70). Toromanova failed to file points and authorities in

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On June 11, 2014, Toromanova re-recorded the 2013 Lis Pendens with the Clark County

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10161
 PARK
 R UN
 DRIVE,
 SUITE
 150

LAS
 V EGAS,
 NEVADA

 89145

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response to the motion. There being no opposition on file, and good cause appearing therefor, on

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September 25, 2014, the Court entered an order granting the motion. (Doc. #71).

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IT IS THEREFORE ORDERED that the Notice of Pendency of Action filed on August 2,

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2013 and re-recorded with the Clark County Recorder’s Office on June 11, 2014 as Instrument

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No. 20140611-0003163 against real property located at 2912 Hot Cider Avenue, North Las

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Vegas, Nevada 89031, more particularly identified as Clark County APN #124-32-415-039, shall

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be and hereby is expunged and released in full.

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IT IS SO ORDERED.

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DATED this _____ day of September 2014.
26th

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HONORABLE LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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