Gerardo Herrera and The Estate of Genny Herrera v. Nationstar Mortgage, LLC et al

Filing 44

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 GERARDO HERRERA, et al., 4 Plaintiffs, vs. 5 6 NATIONSTAR MORTGAGE, LLC, et al., 7 Defendants. 8 9 ) ) ) ) ) ) ) ) ) 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 10 by Defendant Nationstar Mortgage, LLC (“Defendant”). Upon a motion, the Court must 11 dissolve a lis pendens if the recording party fails to demonstrate: (1) a likelihood of prevailing 12 in the action; or (2) a fair chance of success and serious hardship that could result from a 13 transfer of the property. Nev. Rev. Stat. 14.015(3); see also Levinson v. Eighth Judicial Dist. 14 Court, 857 P.2d 18, 20-21 (Nev. 1993). Here, Plaintiffs Gerardo Herrera and Estate of Genny Herrera (collectively “Plaintiffs”) 15 16 have failed to file a Response, and the deadline to do so expired on July 19, 2017. Thus, 17 pursuant to Local Rule 7-2(d), the Court finds that Plaintiffs have consented to the granting of 18 the Motion. See D. Nev. R. 7-2(d) (“The failure of an opposing party to file points and 19 authorities in response to any motion . . . constitutes a consent to the granting of the motion.”). 20 Moreover, the Court finds that expunction of the lis pendens is warranted because all of 21 Plaintiffs’ claims have been dismissed with prejudice. See, e.g., Wensley v. First Nat. Bank of 22 Nevada, 874 F. Supp. 2d 957, 968 (D. Nev. 2012) (expunging a lis pendens after dismissing a 23 complaint with prejudice). 24 /// 25 /// Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Motion to Expunge the Lis Pendens, (ECF No. 3 4 42), is GRANTED. IT IS FURTHER ORDERED that the notice of lis pendens filed and recorded by or on 5 behalf of Plaintiffs on the property located at 586 Jackson Drive, Henderson, Nevada 89014 6 (APN 178-04-713-031) with the Clark County Recorder’s Office as instrument number 7 201606010003375 is hereby cancelled and expunged. 8 9 10 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. 19 DATED this _____ day of October, 2017. 11 12 13 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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