Logan v. World Savings Bank FSB et al

Filing 24

ORDER FOR DISMISSAL OF ACTION. IT IS ORDERED that defendants' Motion to Dismiss 8 and Motion to Dismiss 11 are GRANTED. FURTHER ORDERED that this matter is dismissed with prejudice as to all claims, counterclaims, and cross-claims, by and between the parties, each side to bear their own attorneys' fees and costs. All calendar and trial dates in this matter are hereby vacated. FURTHER ORDERED that the Notice of Pendency of Action recorded by Plaintiff on 8/3/2010 against the rea l property described as 1928 Kirby Court, Sparks, NV. 89434, APN # 030-231-25 as book and instrument number 3908174 is hereby expunged and released in full. Signed by Judge Robert C. Jones on 5/3/2011. (Copies have been distributed pursuant to the NEF - MLC)

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1 2 3 4 5 6 7 8 9 10 Cynthia L. Alexander, Esq. Nevada Bar No. 6718 Justin R. Cochran, Esq. Nevada Bar No. 11939 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas NV 89169 Telephone 702.784.5200 Facsimile 702.784.5252 calexander@swlaw.com jcochran@swlaw.com Attorneys for Defendants Golden West Savings Association Service Co. and Wells Fargo Bank, N.A., successor by merger with Wachovia Mortgage, FSB, fka World Savings Bank, FSB, and sued here as World Savings Bank, FSB and Wachovia Mortgage, FSB LAW OFFICES 3883 HOWARD HUGHES PARKWAY, SUITE 1100 LAS VEGAS, NEVADA 89169 (702)784-5200 Snell & Wilmer L.L.P. 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 HAROLD DEAN LOGAN, CASE NO. 3:11-CV-00063-RCJ-RAM Plaintiff, 15 vs. 16 25 WORLD SAVINGS BANK, FSB; GOLDEN WEST SAVINGS ASSOCIATION SERVICE CO., a California Corporation; FIRST AMERICAN TITLE aka FIRST AMERICAN TITLE INSURANCE COMPANY; TICOR TITLE – RENO aka TICOR TITLE OF NEVADA, INC.; NATIONAL DEFAULT SERVICING CORPORATION; LSI TITLE AGENCY, INC.; WACHOVIA MORTGAGE, FSB; STANLEY S. SILVA, individually; and DOES 1-25 CORPORATIONS, DOES and ROES 1-25 Individuals, [Partnerships, or anyone claiming any interest to the property described in the action], 26 Defendants. 17 18 19 20 21 22 23 24 27 28 12978818.1 ORDER FOR DISMISSAL OF THE ACTION 1 Defendants Wells Fargo Bank, N.A., successor by merger with Wachovia Mortgage, 2 FSB, f/k/a World Savings Bank, FSB, sued here as World Savings Bank, FSB and Wachovia 3 Mortgage (collectively, “Wells Fargo Bank, N.A.”), and Golden West Savings Association 4 Service Co.’s Motion to Dismiss Plaintiff’s Complaint to Quiet Title and other Equitable Relief 5 and to Expunge Lis Pendens, (ECF No. 8), and Defendant LSI Title Agency, Inc.’s Motion to 6 Dismiss Plaintiff’s First Amended Complaint, (ECF No. 11), were heard by District Court 7 Judge Robert C. Jones on April 25, 2011, at 9:00 a.m. and Golden West Savings Association Service Co. appeared through counsel, Justin R. Cochran 10 of Snell & Wilmer L.L.P. and Defendant LSI Title Agency, Inc. appeared through counsel, Neil 11 LAW OFFICES 3883 HOWARD HUGHES PARKWAY, SUITE 1100 LAS VEGAS, NEVADA 89169 (702)784-5200 Plaintiff appeared through his counsel, Rick Lawton. Defendants Wells Fargo Bank, N.A 9 Snell & Wilmer L.L.P. 8 Ackerman. After reviewing the Motions, Plaintiff’s Oppositions thereto and the pleadings and 12 other papers on file; hearing oral argument and good cause appearing: 13 IT IS HEREBY ORDERED that Defendants Wells Fargo Bank, N.A. and Golden West 14 Savings Association Service Co.’s Motion to Dismiss Plaintiff’s Complaint to Quiet Title and 15 other Equitable Relief and to Expunge Lis Pendens, (ECF No. 8), and Defendant LSI Title 16 Agency, Inc.’s Motion to Dismiss Plaintiff’s First Amended Complaint, (ECF No. 11), are 17 granted in full. 18 IT IS FURTHER ORDERED that this matter is dismissed with prejudice as to all 19 claims, counterclaims, and cross-claims, by and between the parties, each side to bear their own 20 attorneys’ fees and costs. All calendar and trial dates in this matter are hereby vacated. 21 /// 22 /// 23 /// 24 25 26 27 28 12978818.1 -2- 1 IT IS FURTHER ORDERED that the Notice of Pendency of Action recorded by 2 Plaintiff on August 3, 2010 against the real property described as 1928 Kirby Court, Sparks, NV 3 89434, APN # 030-231-25 as book and instrument number 3908174 is hereby expunged and 4 released in full. 5 ITIT IS SO ORDERED this ____ day of __________________, 2011. IS SO ORDERED this 3rd day of May, 2011. 6 7 _______________________________________ UNITED STATES DISTRICT COURT JUDGE 8 9 Submitted By: 10 LAW OFFICES 3883 HOWARD HUGHES PARKWAY, SUITE 1100 LAS VEGAS, NEVADA 89169 (702)784-5200 Snell & Wilmer L.L.P. 11 12 13 14 15 16 17 18 19 SNELL & WILMER L.L.P. By: /s/ Justin R. Cochran Cynthia L. Alexander, Esq. Justin R. Cochran, Esq. 3883 Howard Hughes Parkway Suite 1100 Las Vegas, NV 89169 Attorneys for Defendants Golden West Savings Association Service Co. and Wells Fargo Bank, N.A., successor by merger with Wachovia Mortgage, FSB, fka World Savings Bank, FSB, and sued here as World Savings Bank, FSB and Wachovia Mortgage, FSB. 20 21 22 23 24 25 26 27 28 12978818.1 -3-

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