Bank of New York Mellon v. Mann

Filing 20

ORDER that the court lacks jurisdiction to consider plaintiff's motion to expunge lis pendens (ECF No. 15 ) and defendant's motion to strike (ECF No. 17 ). The parties may renew these motions in front of the appropriate court. Signed by Judge James C. Mahan on 9/21/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF NEW YORK MELLON,

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Plaintiff(s),

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Case No. 2:17-CV-1891 JCM (VCF)
ORDER

v.
JOHN W. MANN,

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Defendant(s).

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Presently before the court is plaintiff Bank of New York Mellon’s motion to expunge

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defendant’s notice of lis pendens. (ECF No. 15). Defendant John Mann filed a response (ECF

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No. 16), to which plaintiff replied (ECF No. 18).

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Also before the court is defendant’s motion to strike plaintiff’s motion to expunge lis
pendens. (ECF No. 17).

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In an order dated August 25, 2017, the court remanded this case to state court. (ECF No.

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14). The court is therefore without jurisdiction to consider either motion. See Barlow v. BNC

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Mortgage Inc., No. 3:09-cv-00677-LRH-RAM, 2011 WL 3841074, at *2 (D. Nev. Aug. 25, 2011).

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Plaintiff’s reply in support of its motion to expunge cites Rosetto v. Wells Fargo Home

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Mortg., No. 2:14-cv-00142-GMN-CWH, 2017 U.S. Dist. Lexis 75019, at *2 (D. Nev. May 17,

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2017), to support its position that this court has jurisdiction to expunge the notice of lis pendens.

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(ECF No. 18). Rosetto is factually distinguishable from the case at bar, as Rosetto involved

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dismissal of an action and not a remand to state court. 2017 U.S. Dist. Lexis 75019, at *2.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the court lacks jurisdiction

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to consider plaintiff’s motion to expunge lis pendens (ECF No. 15) and defendant’s motion to

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strike (ECF No. 17). The parties may renew these motions in front of the appropriate court.

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DATED September 21, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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