Lafayette v. Wells Fargo Bank National Association et al

Filing 32

ORDER OF CANCELLATION/EXPUNGEMENT OF NOTICE OF LIS PENDENS. See Order for details. Signed by Judge Richard F. Boulware, II on 3/21/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ROBERT LAFAYETTE,

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Case No. 2:16-cv-00023-RFB-NJK

Plaintiff,

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v.

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WELLS FARGO BANK NATIONAL
ASSOCIATION; NATIONAL DEFAULT
SERVICING CORPORATION,

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ORDER OF
CANCELLATION/EXPUNGEMENT OF
NOTICE OF LIS PENDENS

Defendants.

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Defendant WELLS FARGO BANK, N.A.’s (“Wells Fargo”) Motion to Dismiss (ECF No.

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5), Motion to Cancel/Expunge Lis Pendens (ECF No. 4) and Motion to Shorten Time to

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Cancel/Expunge Lis Pendens (ECF No. 23) coming on for hearing before the Court on February

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14, 2017 at 4:30 p.m. 1, with counsel Jory C. Garabedian, Esq. present on behalf of Wells Fargo

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and Plaintiff ROBERT LAFAYETTE (“Lafayette”) not present before the Court, the Court hereby

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finds and orders as follows:

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THE COURT FINDS that Lafayette has filed a Notice of Voluntary Dismissal on February

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1, 2017 (ECF No. 26) and February 13, 2017 (ECF No. 28) before the filing or service of an answer

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or motion for summary judgment. Therefore, the above-entitled action has been voluntarily

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dismissed without prejudice under Fed. R. Civ. P. 41(a)(1)(A), making the pending Motion to

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Dismiss moot.

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The hearing was scheduled for 4:00 p.m., but the Court began the hearing at 4:30 p.m. after
waiting 30 minutes to see if Lafayette was going to appear.
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THE COURT FURTHER FINDS that in light of Lafayette’s voluntarily dismissal under

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Fed. R. Civ. P. 41(a)(1)(A), there is no action or basis under NRS 14.010 for any remaining lis

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pendens recorded as a result of the above-captioned action to remain on title to that real property

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commonly known as 9578 Adobe Arch Court, Las Vegas, Nevada 89148 (hereinafter the

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“Property”).

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THEREFORE, the Court strikes the minute order issued on February 10, 2016 and

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recognizes that the above-captioned action is considered dismissed without prejudice pursuant to

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Fed. R. Civ. P. 41(a)(1)(A).

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IT IS FURTHER ORDERED that the Notice of Lis Pendens recorded on January 7, 2016

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in the office of the Clark County Recorder as document/instrument 20160107-0002969, the Notice

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of Lis Pendens recorded on February 2, 2016 in the Office of the Clark County Recorder as

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document/instrument 20160202-0000794, as well as any other notices of lis pendens, or notice of

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pendency of action, recorded on the Property as a result of the above-captioned action, are hereby

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cancelled and expunged from record.

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DATED: March 21, 2017.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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