Strong v. Bank of New York Mellon et al

Filing 48

ORDER Granting 42 Motion to Expunge Lis Pendens. ORDERED that the notice of pendency is hereby CANCELLED. A cancellation has the same effect as an expungement of the original notice. FURTHER ORDERED that 45 Plaintiff's Motion to Continue is DENIED. Signed by Judge Jennifer A. Dorsey on 7/26/17. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:13-cv-00656-JAD-GWF Document 47 Filed 07/11/17 Page 1 of 4 1 2 3 4 5 6 7 8 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jamie.combs@akerman.com Attorneys for defendants The Bank of New York Mellon FKA The Bank of New York AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 BRETT B. STRONG, Plaintiff, 13 14 15 16 Case No.: 2:13-cv-00656-JAD-GWF v. BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK Defendants. PROPOSED ORDER GRANTING BANK OF NEW YORK MELLON'S MOTION TO EXPUNGE LIS PENDENS AND DENYING PLAINTIFF’S COUNTERMOTION TO CONTINUE ECF No. 47 17 Brett P. Strong (Strong) filed the underlying lawsuit in the Eighth Judicial District Court on 18 February 22, 2013. See Case No. A-677162-C. In connection with this lawsuit, Strong recorded a lis 19 pendens against the property located at 6507 Covinto Street, Las Vegas, NV 89131, APN. No. 125- 20 23-813-002, with the Clark County Recorder as instrument number 201309120000104. The case 21 was removed to this Court on April 22, 2013. On June 19, 2015, this Court dismissed the case with 22 prejudice and entered Judgment in favor of the Bank of New York-Mellon (BoNYM). ECF. Nos. 23 40, 41. Strong did not appeal. 24 … 25 … 26 … Case 2:13-cv-00656-JAD-GWF Document 47 Filed 07/11/17 Page 2 of 4 1 On June 19, 2017, BoNYM filed the instant motion to expunge the lis pendens because the 2 litigation was dismissed with prejudice. On July 6, 2017, Plaintiff filed an opposition to the motion 3 and a countermotion to continue the lis pendens. Plaintiff’s opposition argues that the lis pendens 4 should not be expunged because of BoNYM’s delay in requesting the expungement, and because 5 Plaintiff indicates that he has new claims that will be forthcoming that the lis pendens should attach 6 to. This Court held a hearing on July 10, 2017 at 2:30 p.m. Jamie K. Combs, Esq. appeared on behalf 7 of BoNYM. Plaintiff did not appear. AKERMAN LLP A lis pendens can only be supported by a foreclosure action, a claim that affects title to real 9 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 property, or a claim that affects possession of real property. See NRS 14.010(1). The purpose of a 10 lis pendens is to provide notice that there is pending litigation related to a property. See NRS 11 14.010(3). Because this case was dismissed with prejudice, there is no longer pending litigation 12 related to the property for which a lis pendens is proper. 13 As such, pursuant Accordingly, underto NRS 14.015(5), this Court finds that Plaintiff has failed to establish the 14 matters required to sustain a lis pendens pursuant to NRS 14.015(2) and (3). Plaintiff’s argument 15 regarding the delay in seeking the expungement of the lis pendens does not provide a legal basis to 16 deny the motion, nor does Plaintiff’s mention of potential new claims. 17 … 18 … 19 … 20 … 21 … 22 … 23 … 24 … 25 … 26 … 2 Case 2:13-cv-00656-JAD-GWF Document 47 Filed 07/11/17 Page 3 of 4 1 2 3 Accordingly, IT IS ORDERED that the notice of pendency is hereby CANCELLED. A cancellation has the same effect as an expungement of the original notice. IT IS FURTHER ORDERED that Plaintiff’s counter-motion to continue is hereby DENIED. 4 5 ORDER IT IS SO ORDERED: 6 7 UNITED STATES DISTRICT JUDGE TATES DISTRICT AT I T I 8 7-26-17 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 DATED 10 11 12 13 14 15 16 17 18 19 20 Respectfully Submitted By: AKERMAN LLP /s/ Jamie K. Combs, Esq. ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Attorneys for defendants The Bank of New York Mellon FKA The Bank of New York 21 22 23 24 25 26 3

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