Nevada Sand Castle, LLC v. Green Tree Servicing LLC et al

Filing 68

ORDER Granting 60 Motion to Expunge Lis Pendens. Signed by Chief Judge Gloria M. Navarro on 4/13/17. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

NEVADA SAND CASTLES, LLC,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

)
)
Plaintiff,
)
vs.
)
)
GREEN TREE SERVICING LLC;
)
RECONTRUST COMPANY, N.A.; BANK )
OF AMERICA, NA; PRLAP, INC.; DOES I )
THROUGH X, inclusive; ROE BUSINESS
)
ENTITIES I THROUGH X, inclusive,
)
)
Defendants,
)
)
And
)
)
FEDERAL NATIONAL MORTGAGE
)
ASSOCIATION; and FEDERAL HOUSING )
FINANCE AGENCY, as Conservator of
)
Federal National Mortgage Association,
)
)
Intervenors.
)
)
FEDERAL NATIONAL MORTGAGE
)
ASSOCIATION; FEDERAL HOUSING
)
FINANCE AGENCY, as Conservator of
)
Fannie Mae,
)
)
Counterclaimants,
)
vs.
)
)
NEVADA SANDCASTLES, LLC,
)
)
Counter-Defendant.
)
)

24
25

Page 1 of 3

Case No.: 2:15-cv-00588-GMN-VCF
ORDER

1

Pending before the Court is the Motion to Expunge Lis Pendens, (ECF No. 60), filed by

2

Defendant Green Tree Servicing LLC (“Defendant”). For the reasons discussed below, the

3

Court GRANTS Plaintiff’s Motion to Expunge Lis Pendens.

4

I.

5

BACKGROUND
Plaintiff Nevada Sand Castles LLC (“Plaintiff”) originally filed this lawsuit on February

6

24, 2015, and Defendant removed this action on March 31, 2015. (Pet. for Removal, ECF No.

7

1). On February 22, 2017, the Court entered an order granting summary judgment for

8

Intervenors, (ECF No. 58). Pursuant to this Order, Defendant filed the instant Motion.

9

Plaintiff did not file a response, and the deadline to do so has passed.

10

II.

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

11
12

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

13

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

14

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

15

2(d).

16

III.

IT IS HEREBY ORDERED that Plaintiff’s Motion to Expunge Lis Pendens, (ECF No.

17
18

CONCLUSION

60), is GRANTED.

19

IT IS FURTHER ORDERED that the Notice of Pendency of Action or Lis Pendens

20

recorded by Plaintiff in relation to this matter, as Instrument No. 20150320-0002272 as to a

21

certain parcel of real property with Assessor’s Parcel No. 161-21-810-057 shall be expunged.

22

///

23

///

24

///

25

Page 2 of 3

1
2

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.

3
4

13
DATED this _____ day of April, 2017.

5
6
7

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

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 3 of 3