Klaizner v. Countrywide Financial et al

Filing 31

ORDER Granting 26 Motion to Expunge Lis Pendens. IT IS FURTHER ORDERED that the notice of pendency of action or lis pendens recorded by plaintiff Casey Klaizner in relation to this matter, instrument no. 20140813-0002405, as to a certain parcel of real property, with assessor's parcel no. 177-14-613-035, shall be EXPUNGED. Signed by Judge James C. Mahan on 6/7/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CASEY KLAIZNER,

Case No. 2:14-CV-1543 JCM (PAL)

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Plaintiff(s),

ORDER

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v.
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COUNTRYWIDE FINANCIAL, et al.,
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Defendant(s).
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James C. Mahan
U.S. District Judge

Presently before the court is defendant Green Tree Servicing LLC’s motion to expunge lis
pendens. (ECF No. 26). Pro se plaintiff Casey Klaizner has not filed a response, and the time for
doing so has passed. Defendant filed a notice of Klaizner’s non-opposition. (ECF No. 28).
Pursuant to Local Rule 7-2, an opposing party must file points and authorities in response
to a motion and failure to file a timely response constitutes the party’s consent to the granting of
the motion. See D. NEV. R. 7-2(d). Plaintiff’s failure to file points and authorities in response to
defendant’s motion constitutes consent to the court granting the motion.
The complaint in this matter was dismissed by the court on February 12, 2016. The court
entered judgment and the case was closed. (ECF Nos. 24, 25). Plaintiff has not filed a notice of
appeal, and the time for doing so has passed. See FED. R. APP. P. 4(a)(1)(A). Accordingly,
expungement of the lis pendens is appropriate.
Accordingly, with good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Green Tree
Servicing LLC’s motion to expunge lis pendens (ECF No. 26) be, and the same hereby is,
GRANTED.

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IT IS FURTHER ORDERED that the notice of pendency of action or lis pendens recorded
by plaintiff Casey Klaizner in relation to this matter, instrument no. 20140813-0002405, as to a
certain parcel of real property, with assessor’s parcel no. 177-14-613-035, shall be EXPUNGED.
DATED June 7, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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