Gerardo Herrera and The Estate of Genny Herrera v. Nationstar Mortgage, LLC et al
Filing
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ORDER Granting 42 Motion to Expunge Lis Pendens. Signed by Chief Judge Gloria M. Navarro on 10/19/17. (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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GERARDO HERRERA, et al.,
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Plaintiffs,
vs.
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NATIONSTAR MORTGAGE, LLC, et al.,
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Defendants.
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Case No.: 2:16-cv-01043-GMN-GWF
ORDER
Pending before the Court is the Motion to Expunge the Lis Pendens, (ECF No. 42), filed
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by Defendant Nationstar Mortgage, LLC (“Defendant”). Upon a motion, the Court must
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dissolve a lis pendens if the recording party fails to demonstrate: (1) a likelihood of prevailing
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in the action; or (2) a fair chance of success and serious hardship that could result from a
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transfer of the property. Nev. Rev. Stat. 14.015(3); see also Levinson v. Eighth Judicial Dist.
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Court, 857 P.2d 18, 20-21 (Nev. 1993).
Here, Plaintiffs Gerardo Herrera and Estate of Genny Herrera (collectively “Plaintiffs”)
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have failed to file a Response, and the deadline to do so expired on July 19, 2017. Thus,
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pursuant to Local Rule 7-2(d), the Court finds that Plaintiffs have consented to the granting of
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the Motion. See D. Nev. R. 7-2(d) (“The failure of an opposing party to file points and
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authorities in response to any motion . . . constitutes a consent to the granting of the motion.”).
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Moreover, the Court finds that expunction of the lis pendens is warranted because all of
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Plaintiffs’ claims have been dismissed with prejudice. See, e.g., Wensley v. First Nat. Bank of
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Nevada, 874 F. Supp. 2d 957, 968 (D. Nev. 2012) (expunging a lis pendens after dismissing a
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complaint with prejudice).
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Accordingly,
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IT IS HEREBY ORDERED that the Motion to Expunge the Lis Pendens, (ECF No.
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42), is GRANTED.
IT IS FURTHER ORDERED that the notice of lis pendens filed and recorded by or on
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behalf of Plaintiffs on the property located at 586 Jackson Drive, Henderson, Nevada 89014
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(APN 178-04-713-031) with the Clark County Recorder’s Office as instrument number
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201606010003375 is hereby cancelled and expunged.
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IT IS FURTHER ORDERED that Defendant shall record a copy of this Order with the
Clark County Recorder’s Office within seven (7) days of its issuance.
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DATED this _____ day of October, 2017.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court
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