Habon et al v. Mortgage Electronic Registration Systems, Inc. et al

Filing 152

ORDERED that the # 147 Motion to Expunge Lis Pendens is GRANTED, and the lis pendens recorded as Document No. 0761013 in the Douglas County Recorder's Office is EXPUNGED. FURTHER ORDERED that, in accordance with the # 151 Joint Status Report the Clerk shall enter judgment and close the case. Signed by Judge Robert C. Jones on 9/16/2014. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6
7
8
9
10
11

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
______________________________________
)
)
CHARLIE G. HABON et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC. et al.,
)
)
Defendants.
)

Case No.: 3:10-cv-00191-RCJ-VPC
ORDER

12
13

This case arises out of the foreclosure of four mortgages. The four mortgages and the six

14

mortgagors are otherwise unrelated. The Complaint lists six nominal causes of action as to each

15

foreclosure: (1) wrongful foreclosure; (2) fraud in the inducement; (3) conspiracy to commit

16

wrongful foreclosure; (4) unjust enrichment; (5) slander of title; and (6) reformation, declaratory

17

judgment, and quiet title (prayers for relief as to the other substantive claims). Pursuant to 28

18

U.S.C. § 1407, the Judicial Panel on Multidistrict Litigation (“JPML”) transferred the case to the

19

District of Arizona (MDL No. 2119), but severed and remanded all causes of action unrelated to

20

the formation and operation of Mortgage Electronic Registration Systems, Inc. (“MERS”) to this

21

Court. The JPML gave no further guidance as to which causes of action were transferred and

22

which were remanded. The MDL judge began issuing periodic “partial remand orders” in

23

groups of cases indicating those causes of action he believed had been remanded to transferor

24
1 of 3

1

courts by the JPML, and this Court deferred to the MDL judge’s determinations in this regard so

2

as to avoid conflicting rulings. In the partial remand order addressing the present case, the MDL

3

judge determined that the following causes of action had been remanded to this Court: the

4

portion of the unjust enrichment claim (and related prayer for relief) that did not concern the

5

operation of MERS. Certain Defendants moved to dismiss the unjust enrichment claim to the

6

extent it had been remanded. The parties stipulated to dismiss MERS from the case with

7

prejudice, and the Court granted the motions to dismiss. The Court denied a motion to

8

reconsider and granted another Defendant’s motion to dismiss. The Court granted another

9

Defendant’s motion for summary judgment. The Court of Appeals has affirmed. The Court of

10

Appeals has separately affirmed the MDL court’s dismissal of Plaintiffs’ transferred claims.
PNC Mortgage has now asked the Court to expunge the lis pendens recorded as to the

11
12

property of Plaintiff Jonathan Pierce. Plaintiff has not timely responded.

13

///

14

///

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24
2 of 3

CONCLUSION

1
2

IT IS HEREBY ORDERED that the Motion to Expunge Lis Pendens (ECF No. 147) is

3

GRANTED, and the lis pendens recorded as Document No. 0761013 in the Douglas County

4

Recorder’s Office is EXPUNGED.

5
6
7
8

IT IS FURTHER ORDERED that, in accordance with the Joint Status Report (ECF No.
151), the Clerk shall enter judgment and close the case.
IT IS SO ORDERED.
Dated: This 16th day of September, 2014.
Dated this 18th day of August, 2014.

9
10

_____________________________________
ROBERT C. JONES
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
3 of 3