Daisey Trust v. Federal Housing Finance Agency et al

Filing 61

ORDER Denying 44 motion to expunge lis pendens and for injunctive relief. See order for further details. Signed by Judge Andrew P. Gordon on 9/23/2024. (Copies have been distributed pursuant to the NEF - AMMi)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 DAISEY TRUST, et al.,
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Plaintiffs

Case No.: 2:23-cv-00978-APG-EJY
Order Denying Motion to Expunge Lis
Pendens and for Injunctive Relief

5 v.
[ECF No. 44]
6 FEDERAL HOUSING FINANCE AGENCY,
et al.,
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Defendants
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Defendants Federal Housing Finance Agency and its director, Sandra L. Thompson,

10 move to expunge a lis pendens that nonparty Reber Dr Trust recorded against a property not at
11 issue in this case. The defendants contend that Reber Dr Trust is owned by Iyad “Eddie”
12 Haddad, who is also the principal behind each of the plaintiffs in this case. Reber Dr Trust
13 recorded a notice of lis pendens on the property it owns, stating that it is “a potential class
14 member” in this case. ECF No. 44-1. The defendants assert that Haddad has engaged in a pattern
15 of filing notices of lis pendens with similar claims of being potential class members in this suit
16 just a few days before the foreclosure sales of properties he owns in a bad faith effort to depress
17 the price the defendants can fetch at a sale. They thus ask me to enjoin the plaintiffs and any of
18 their officers and agents, which would include Haddad, from recording additional lis pendens
19 notices against other properties on the basis that the person or entity recording the notice is a
20 potential class member in this case.
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I deny the motion to expunge as moot because after the defendants filed their motion,

22 Reber Dr Trust released the notice of lis pendens. ECF No. 49-2. I deny the motion for a
23 restraining order because this case is now closed. The defendants have indicated they have other

1 avenues to pursue relief against Haddad and his entities, rather than moving for an injunction in
2 this closed case where the defendants have never asserted an affirmative claim for relief on
3 which to base an injunction. See ECF No. 44 at 18 n.7.
4

I THEREFORE ORDER that the defendants’ motion to expunge lis pendens and for

5 injunctive relief (ECF No. 44) is DENIED.
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DATED this 23rd day of September, 2024.

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8

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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