O'Connor v. National Default Servicing Corporation et al

Filing 58

ORDER granting 57 Motion to Expunge Lis Pendens. Submission of Proposed Order due by 10/10/2013. Signed by Judge Larry R. Hicks on 09/27/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEPHANIE O’CONNOR,

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Plaintiff,

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v.

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NATIONAL DEFAULT SERVICING
CORPORATION; et al.,

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Defendants.
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3:11-cv-0915-LRH-VPC
ORDER

Before the court is defendant BankUnited, FSB’s (“BankUnited”) motion to expunge lis
pendens. Doc. #57.1 Plaintiff Stephanie O’Connor (“O’Connor”) did not file an opposition.

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In April 2005, O’Connor purchased real property through a mortgage note and deed of trust

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executed by BankUnited. O’Connor defaulted on the property and defendants initiated non-judicial

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foreclosure proceedings. Subsequently, O’Connor filed a complaint for wrongful foreclosure

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against defendants. Doc. #1, Exhibit 2. In response, defendant BankUnited filed a motion to

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dismiss (Doc. #27) which was granted by the court (Doc. #48). Thereafter, BankUnited filed the

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present motion to expunge lis pendens. Doc. #57.

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The failure of an opposing party to file points and authorities in response to any motion
shall constitute a consent to the granting of the motion under LR 7-2(d). Moreover, the court finds

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Refers to the court’s docket entry number.

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that defendant’s motion to expunge lis pendens is warranted based on the court’s July 30, 2012

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order of dismissal. Doc. #49. Accordingly, the court shall grant defendant’s motion to expunge lis

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pendens.

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IT IS THEREFORE ORDERED that defendant’s motion to expunge lis pendens (Doc. #57)

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is GRANTED. Defendant BankUnited, FSB shall have ten (10) days to submit an appropriate

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proposed order expunging the lis pendens and submit the same for approval and signature.

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DATED this 27th day of September, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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