Aquino v. PNC Bank National Association et al

Filing 28

ORDER GRANTING 27 Motion to Expunge Lis Pendens. IT IS FURTHER ORDERED the Notice of Pendency of Action or Lis Pendens recorded by Plaintiff in relation to this matter, as Instrument No. 20190819-0001260 as to a certain parcel of real pr operty with Assessors Parcel No. 177-16-701-011 shall be expunged. IT IS FURTHER ORDERED that a copy of this Order may be recorded with the Clark Countys Recorders Office in the applicable chain of title. Signed by Judge Gloria M. Navarro on 10/20/2020. (Copies have been distributed pursuant to the NEF - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RUFINO Q. AQUINO,
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Plaintiff,
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vs.
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PNC BANK NATIONAL ASSOCIATION, et )
al.,
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Defendants.
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Case No.: 2:19-cv-00929-GMN-VCF
ORDER

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Pending before the Court is the Motion to Expunge Lis Pendens, (ECF No. 27), filed by

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Defendant PNC Bank National Association (“PNC”). For the reasons discussed below, the

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PNC’s Motion to Expunge Lis Pendens is GRANTED.

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I.

BACKGROUND
Plaintiff Rufino Aquino (“Plaintiff”) originally filed this lawsuit on May 9, 2019, in state

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court. (Compl., ECF No. 1-1). PNC subsequently removed to federal court on the basis of

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diversity jurisdiction. (Pet. Removal, ECF No. 1). On March 11, 2020, the Court entered an

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Order dismissing this matter with prejudice. (Order, ECF No. 25). Pursuant to said Order, PNC

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filed the instant Motion. Plaintiff 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 . . . constitutes a consent to the granting

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of the motion.” D. Nev. LR 7-2(d). Given Plaintiff’s failure to file an opposition, the Court

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grants the Motion pursuant to Local Rule 7-2(d).

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III.

CONCLUSION
IT IS HEREBY ORDERED that PNC’s Motion to Expunge Lis Pendens, (ECF No.

27), is GRANTED.
IT IS FURTHER ORDERED the Notice of Pendency of Action or Lis Pendens

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recorded by Plaintiff in relation to this matter, as Instrument No. 20190819-0001260 as to a

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certain parcel of real property with Assessor’s Parcel No. 177-16-701-011 shall be expunged.

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IT IS FURTHER ORDERED that a copy of this Order may be recorded with the Clark
County’s Recorder’s Office in the applicable chain of title.
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DATED this ____ day of October, 2020.

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

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