Cortez v. Merscorp Holdings Inc. et al

Filing 52

ORDER. IT IS HEREBY ORDERED that 51 Defendant's Motion to Expunge Lis Pendens is GRANTED. IT IS FURTHER ORDERED that the Notice of Pendency of Action or Lis Pendens recorded by Plaintiff in relation to this matter, as Instrument No. 2014063 0-0001649 as to a certain parcel of real property with Assessors Parcel No. 179-16-812-008 shall be expunged. IT IS FURTHER ORDERED that a copy of this Order may be recorded with the Clark County's Recorder's Office in the applicable chain of title. Signed by Chief Judge Gloria M. Navarro on 10/3/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PRISCILLA S. CORTEZ,
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Plaintiff,
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vs.
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MERSCORP HOLDINGS, INC.;
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NATIONSTAR MORTGAGE, LLC,
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Defendants,
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PRISCILLA S. CORTEZ ,
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Plaintiff,
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vs.
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NATIONSTAR MORTGAGE, LLC;
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QUALITY LOAN SERVICING, LLC; WEST )
COAST MORTGAGE GROUP; ALLIANCE )
BANCORP; AURORA BANK, FSB;
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC.; ROSE )
VELLANOWETH; and DOES 1-10, inclusive, )
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Defendants.
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Case No.: 2:14-cv-01048-GMN-NJK
ORDER

Pending before the Court is the Motion to Expunge Lis Pendens, (ECF No. 51), filed by

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Defendant Nationstar Mortgage, LLC (“Defendant”). For the reasons discussed below, the

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Court GRANTS Defendant’s Motion to Expunge Lis Pendens.

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I.

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BACKGROUND
Plaintiff Priscilla Cortez (“Plaintiff”) originally filed this lawsuit on May 21, 2014, and

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Defendant removed this action on June 27, 2014. (Pet. for Removal, ECF No. 1). On

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December 4, 2015, the Court dismissed West Coast Mortgage Group; Nationstar Mortgage,
LLC; Aurora Bank, FSB; Mortgage Electronic Registration Systems, Inc.; and MERSCORP
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Holdings, Inc. with prejudice, (ECF No. 47). Moreover, the Court dismissed the remainder of

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the case for failure to prosecute on January 25, 2017, (ECF No. 49). Pursuant to these Orders,

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Defendant filed the instant Motion. Plaintiff did not file a response, and the deadline to do so

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has passed.

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II.

DISCUSSION
Local Rule 7-2(d) provides that “[t]he failure of an opposing party to file points and

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authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for

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attorney’s fees, constitutes a consent to the granting of the motion.” D. Nev. R. 7-2(d). Given

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Plaintiff’s failure to file an opposition, the Court grants the Motion pursuant to Local Rule 7-

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2(d).

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III.

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CONCLUSION
IT IS HEREBY ORDERED that Defendant’s Motion to Expunge Lis Pendens, (ECF

No. 51), is GRANTED.
IT IS FURTHER ORDERED that the Notice of Pendency of Action or Lis Pendens

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recorded by Plaintiff in relation to this matter, as Instrument No. 20140630-0001649 as to a

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certain parcel of real property with Assessor’s Parcel No. 179-16-812-008 shall be expunged.

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IT IS FURTHER ORDERED that a copy of this Order may be recorded with the Clark
County’s Recorder’s Office in the applicable chain of title.

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DATED this _____ day of October, 2017.

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

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