Shum v. American Sterling Bank et al

Filing 30

ORDER Granting 29 Motion to Expunge Lis Pendens. IT IS FURTHER ORDERED that the Notice of lis pendens filed and recorded by or on behalf of Plaintiff Philip Shum upon the real property located at 4233 Hebron Drive, Las Vegas, NV 89147 (A PN#163-22-112-010) with the Clark County Recorder's Office as instrument number 201405220002150 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 7/28/15. (Copies have been distributed pursuant to the NEF - PS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
Philip H. Shum,

)
)
)
)
)
)
)
)
)

4
5
6

Plaintiff,
vs.
American Sterling Bank; et al.,

7
Defendants.

8

Case No.: 2:14-cv-0973-GMN-PAL
ORDER

9
10
11
12

Pending before the Court is

Motion to Expunge. (ECF No. 29). Though the

deadline passed on July 6, 2015, pro se Plaintiff Philip H. Shum has not filed a Response.
This cas

allegations of mortgage fraud against Defendants

13

American Sterling Bank, Federal Home Loan Mortgage Corporation, and Mortgage Electronic

14

Registration Systems, Inc. (Compl., ECF No. 1-1). As relief for the claims in his Complaint,

15

Plaintiff requested quiet title to the property located at 4233 Hebron Drive, Las Vegas, NV

16

89147. (Id. at ¶ 31). On February 19, 2015, the Court dismissed the Complaint with prejudice.

17

(Order, ECF No. 27). In the instant Motion, Defendants request that the lis pendens recorded

18

against the disputed property be expunged.

19

Upon a motion, the Court must dissolve a lis pendens if the recording party fails to

20

demonstrate (a) a likelihood of prevailing in the action or (b) a fair chance of success and

21

serious hardship that could result from a transfer of the property. Nev. Rev. Stat. 14.015(3); see

22

also Levinson v. Eighth Judicial Dist. Court, 857 P.2d 18, 20-21 (Nev. 1993).

23

Here, Plaintiff has failed to file a Response, despite the fact that the deadline expired on

24

July 6, 2015. Thus, pursuant to Local Rule 7-2(d), the Court finds that Plaintiff has consented

25

to the granting of the Motion. See D. Nev. R. 7-2(d) ( The failure of an opposing party to file

Page 1 of 2

1

points and authorities in response to any motion shall constitute a consent to the granting of the
Moreover, the Court finds that expunction of the lis pendens is warranted because

2
3

all of

See, e.g., Wensley v. First Nat.

4

Bank of Nevada, 874 F. Supp. 2d 957, 968 (D. Nev. 2012) (expunging a lis pendens after

5

dismissing a complaint with prejudice).

6

Accordingly,

7

IT IS HEREBY ORDERED that the Motion to Expunge, (ECF No. 29), is

8
9

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

10

behalf of Plaintiff Philip Shum upon the real property located at 4233 Hebron Drive, Las

11

Vegas, NV 89147 (APN # 163-22-112-010

12

instrument number 201405220002150 is hereby cancelled and expunged.

13

IT IS FURTHER ORDERED that Defendants shall record a copy of this Order with
of its issuance.

14
15

DATED this 28th day of July, 2015.

16
17
18
19

___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

20
21
22
23
24
25

Page 2 of 2