U.S. Bank Trust, N.A. v. Fodor Family Trust

Filing 23

ORDER denying as moot 7 Motion to Dismiss; ORDER denying as moot 8 Motion to Expunge Lis Pendens; ORDER granting 20 Motion to Amend/Correct; Signed by Chief Judge Gloria M. Navarro on 7/11/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK TRUST, N.A., AS TRUSTEE
FOR LSF8 MASTER PARTICIPATION
TRUST,
Plaintiff,

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vs.
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FODOR FAMILY TRUST,
Defendant.

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Case No.: 2:18-cv-0077-GMN-GWF
ORDER

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Pending before the Court is the Motion to Amend and Correct the Complaint, (ECF No.

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20), filed by Plaintiff U.S. Bank Trust, N.A. (“Plaintiff”). For the reasons discussed below, the

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Court GRANTS Plaintiff’s Motion to Amend.

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I.

BACKGROUND
Plaintiff originally filed this lawsuit on January 12, 2018. (Compl., ECF No. 1). On

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May 17, 2018, Plaintiff filed a Motion to Amend and Correct the Complaint. (ECF No. 20).

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

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II.

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

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

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

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

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2(d).

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III.

IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend and Correct the

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CONCLUSION

Complaint, (ECF No. 20), is GRANTED.

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IT IS FURTHER ORDERED that the pending Motion to Dismiss, (ECF No. 7), and

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the pending Motion to Expunge Lis Pendens, (ECF No. 8), are DENIED without prejudice as

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moot.

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DATED this _____ day of July, 2018.

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

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