LN Management LLC Series 8246 Azure Shores v. Wells Fargo Bank, N.A. et al

Filing 40

ORDER Granting 35 Emergency MOTION for Temporary Restraining Order. Plaintiff shall post a bond with the Court in the amount of $1,500.00. Signed by Judge James C. Mahan on 8/26/2014. (Copies have been distributed pursuant to the NEF; CC: Finance - SLR)

Case 2:13-cv-01307-JCM-PAL Document 39 Filed 08/22/14 Page 1 of 2

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Kerry Faughnan, Esq.
Nevada Bar No.12204
P.O. Box 335361
North Las Vegas, NV 89086
[phone]
[phone]- Fax
[e-mail]
Attorney for Plaintiff/ Counterdefendant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LN MANAGEMENT LLC SERIES 8246
AZURE SHORES

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Plaintiff,
v.
ORDER
ARLENE G. DIZON, and individual;
WELLS FARGO BANK N.A.; WORLD
SAVINGS BANK, FSB; and DOES 1
through 10; and ROE BUSINESS
ENTITIES 1 through 10, inclusive;
Defendants.

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Case No. 2:13-CV-1307-JCM-PAL

AND ALL RELATED CLAIMS

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This case having come on regularly before the above-entitled Court for hearing on August

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15, 2014 on Plaintiff/Counterdefendant’s Emergency Motion for Temporary Restraining Order,

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Plaintiff/Counterdefendant appearing by and through their attorney, Kerry P, Faughnan, Esq. and

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Defendant/Counterclaimant, Wells Fargo Bank,N.A., appearing by and through its attorney,

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David J. Merrill, Esq of the Law Firm of David J. Merrill P.C. The Court having examined all
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documents and pleadings on file herein, the Court having heard argument, and the Court being

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fully advised in the premises, the Court is aware that there are a number of cases currently

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pending in the Nevada Supreme Court that address the same or similar facts as the matters at issue

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in this case.

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Case 2:13-cv-01307-JCM-PAL Document 39 Filed 08/22/14 Page 2 of 2

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The Court recognizes that there is disagreement among the state and federal courts

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regarding the interpretation of Nev. Rev. Stat. § 116.3116. Therefore, out of respect for Nevada’s

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sovereignty and interest in having its statutes interpreted by its own judges, the court finds it

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appropriate to maintain the status quo by granting a Preliminary Injunction in favor of Plaintiff.

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THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that
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Plaintiff/Counterdefendant’s Emergency Motion for Temporary Restraining Order (Doc # 35), be,
and Preliminary Injunction hereby is, GRANTED.
IT IS FURTHER ORDERED that Defendant/Counterclaimant, Wells Fargo Bank, N.A.
as well as its officers, agents, servants, employees, attorneys, and persons in active concert or
participation with them who receive actual notice of this order are hereby enjoined and restrained
from any foreclosure sale of the real property located at 8246 Azure Shores Ct, Las Vegas,

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Nevada 89117.
IT IS FURTHER ORDERED that Plaintiff/Counterdefendant will maintain the real
property at issue in its current condition; and Plaintiff/Counterdefendant is to pay of all applicable
fees, assessments and taxes.
IT IS FURTHER ORDERED that Plaintiff shall post a bond with the Court in the
amount of $1,500.00.
August 26, 2014.
DATED August ___, 2014.
___________________________________
UNITED STATES DISTRICT JUDGE

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Respectfully Submitted By:

Approved as to Form and Content:

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/s/Kerry P. Faughnan_______
Kerry P. Faughnan, Esq.
PO Box 335361
North Las Vegas, NV 89033
[phone]
[phone]-Fax
Attorney for Plaintiff/Counterdefendant

No Response from Counsel______
David J. Merrill, Esq.
Morgan F. Shah, Esq.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[phone]
[phone]-Fax
Attorneys for Wells Fargo Bank, N.A.

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