Byrd v. Select Portfolio Servicing, Inc.

Filing 27

ORDER Denying Without Prejudice 11 Motion to Expunge Lis Pendens. Signed by Judge Richard F. Boulware, II on 9/1/15. (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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***

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BYRD GARY DARNELL, an individual,

Case No. 2:14-cv-02010-RFB-VCF

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Plaintiff,

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ORDER

v.

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SELECT PORTFOLIO SERVICING, INC.; and
DOES 1 through 20,
Defendants.

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Before the Court is a Motion to Expunge Lis Pendens by Defendant Select Portfolio
Servicing, Inc. (ECF No. 11).

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Defendant filed a petition for removal on December 3, 2014. (ECF No. 1). Defendant filed

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a Motion to Expunge Lis Pendens on February 24, 2014. (ECF No. 11). On March 14, 2015,

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Plaintiff filed a Motion to Amend/Correct Complaint. (ECF No. 14). The Court granted Plaintiff’s

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Motion to Amend on August 14, 2015. (ECF No. 25).

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Because the Court has given the Plaintiff until September 4, 2015 to amend his complaint,

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the Court cannot make an ultimate determination as to the validity of the action until the Amended

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Complaint has been filed and evaluated by the Court pursuant to a motion.

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IT IS ORDERED that Defendant’s Motion to Expunge Lis Pendens is denied without
prejudice.
DATED: September 1, 2015.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE