Dalton et al vs Citimortgage, Inc., et al

Filing 428

ORDER. IT IS ORDERED that Sun Trust's #414 motion is DENIED. The MDL court retains jurisdiction over Christopher Ballengee's remaining claims, and the propriety of the lis pendens must be analyzed in the context of any remaining claims. Signed by Judge Lloyd D. George on 8/11/2011. (Copies have been distributed pursuant to the NEF - PM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 LACY J. DALTON, et al., 3:09-cv-0534-LDG-VPC 8 Plaintiffs, 9 ORDER v. 10 CITIMORTGAGE, INC., et al., 11 Defendants. 12 13 SunTrust Mortgage has filed a motion to expunge the lis pendens filed by Christopher 14 Ballengee (#414). This court previously dismissed SunTrust without prejudice based upon the 15 parties’ stipulation (#401). Although this court does not have jurisdiction over any remaining 16 claims regarding the subject property, plaintiffs’ counsel has represented that litigation is ongoing 17 in the MDL court. Accordingly, because the court is not convinced that it may expunge lis 18 pendens as to any one particular entity, and because this court does not have jurisdiction over any 19 remaining claims regarding the subject property, 20 THE COURT HEREBY ORDERS that SunTrust’s motion (#414) is DENIED. The MDL 21 court retains jurisdiction over Christopher Ballengee’s remaining claims, and the propriety of the 22 lis pendens must be analyzed in the context of any remaining claims. 23 24 Dated this ____ day of August, 2011. 25 26 ________________________ Lloyd D. George United States District Judge

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