Wyman et al v. First Magnus Financial Corporation et al

Filing 77

ORDER granting ECF No. 75 Motion to Expunge Lis Pendens; cancelling the Lis Pendens; directing Plaintiffs to record a certified copy of this Order with the Douglas County Recorder's Office within 10 days. Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 MARK TRAVIS WYMAN et al., 8 9 10 Plaintiffs, 3:12-cv-00007-RCJ-WGC vs. ORDER FIRST MAGNUS FINANCIAL CORPORATION et al., 11 Defendants. 12 13 This case arises out of a quiet title action alleging that Defendants wrongfully foreclosed 14 on Plaintiffs’ home. In accordance with the Judgment dismissing Plaintiffs’ Complaint with 15 prejudice, entered on July 17, 2012 (ECF No. 72), and pursuant to Defendant Deutsche Bank 16 Trust Company Americas’ (“Deutsche Bank”) Ex Parte Motion to Expunge Lis Pendens (ECF 17 No. 75), the Court finds that Defendants are entitled to an order expunging the lis pendens filed 18 against the property which was the subject of this action. 19 Plaintiffs filed the instant lawsuit and recorded a Notice of Pendency of Action (“Lis 20 Pendens”) on December 19, 2011. The Lis Pendens was recorded as Douglas County Recorder 21 Document Number 0794506, relating to this action and the real property that was the subject of 22 this action, located at 196 Taylor Creek Road, Gardnerville, Nevada 89460, and more 23 particularly described as follows: 24 Lot 18 as set forth on Final Subdivision Map PD #01-017 for TAYLOR CREEK ESTATES, filed for record in the Office of the County Recorder of Douglas 1 of 2 1 County, State of Nevada on April 26, 2002, in Book 0402, at Page 8620, as Document No. 540786. 2 Douglas County Assessor’s Parcel No. 1219-04-001-017. 3 4 Plaintiffs’ action was dismissed with prejudice on July 17, 2012. Since that time, 5 Plaintiffs have made no further motions and no notice of appeal has been filed. Therefore, 6 Deutsche Bank is entitled to an order of expungement. CONCLUSION 7 8 9 10 IT IS HEREBY ORDERED that the Motion to Expunge Lis Pendens (#75) is GRANTED. IT IS FURTHER ORDERED that the Lis Pendens is cancelled, and this cancellation shall 11 have the effect of an expungement, and the Lis Pendens shall from this day forward have no 12 force or effect. 13 IT IS FURTHER ORDERED that Plaintiffs shall record a certified copy of this Order (or 14 other appropriate notice) canceling the Lis Pendens, with the Douglas County Recorder’s Office 15 within ten (10) business days of its entry, and if there is a failure to do so, any party may record a 16 certified copy of this Order. 17 IT IS SO ORDERED. DATED: This 18th day of October, 2016. 18 19 20 _____________________________________ ROBERT C. JONES United States District Judge 21 22 23 24 2 of 2

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