Rosetto v. Wells Fargo Home Mortgage et al

Filing 33

ORDER granting 31 Motion to Expunge Lis Pendens. FURTHER ORDERED that the notice of lis pendens filed and recorded by or on behalf of Plaintiff is hereby cancelled and expunged. IT IS FURTHER ORDERED that Defendants shall record a copy of this Order with the Clark County Recorder's Office within seven (7) days of its issuance. Signed by Chief Judge Gloria M. Navarro on 5/17/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Gricelda Rosetto,

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Plaintiff,
vs.

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Wells Fargo Home Mortgage, et al.,

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Defendants.

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Case No.: 2:14-cv-00142-GMN-CWH
ORDER

Pending before the Court is the Motion to Expunge the Lis Pendens, (ECF No. 31), filed

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by Defendants Wells Fargo Bank, N.A. and Mortgage Electronic Registration System, Inc.

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(collectively “Defendants”). Upon a motion, the Court must dissolve a lis pendens if the

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recording party fails to demonstrate: (1) a likelihood of prevailing in the action; or (2) a fair

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chance of success and serious hardship that could result from a transfer of the property. Nev.

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Rev. Stat. 14.015(3); see also Levinson v. Eighth Judicial Dist. Court, 857 P.2d 18, 20-21 (Nev.

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1993).

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Here, Plaintiff Gricelda Rosetto (“Plaintiff”) has failed to file a Response, and the

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deadline to do so expired on January 25, 2017. Thus, pursuant to Local Rule 7-2(d), the Court

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finds that Plaintiff has consented to the granting of the Motion. See D. Nev. R. 7-2(d) (“The

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failure of an opposing party to file points and authorities in response to any motion . . .

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constitutes a consent to the granting of the motion.”). Moreover, the Court finds that

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expunction of the lis pendens is warranted because all of Plaintiff’s claims have been dismissed

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with prejudice. See, e.g., Wensley v. First Nat. Bank of Nevada, 874 F. Supp. 2d 957, 968 (D.

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Nev. 2012) (expunging a lis pendens after dismissing a complaint with prejudice).

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Accordingly,

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IT IS HEREBY ORDERED that the Motion to Expunge the Lis Pendens, (ECF No.

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31), is GRANTED.
IT IS FURTHER ORDERED that the notice of lis pendens filed and recorded by or on

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behalf of Plaintiff on the property located at 3013 Ocean Port Dr., Las Vegas, Nevada 89117

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(APN 163-07-720-003) with the Clark County Recorder’s Office as instrument number

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201405140002398 is hereby cancelled and expunged.

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IT IS FURTHER ORDERED that Defendants shall record a copy of this Order with
the Clark County Recorder’s Office within seven (7) days of its issuance.
DATED this _____ day of May, 2017.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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