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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK TRAVIS WYMAN et al.,

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Plaintiffs,

3:12-cv-00007-RCJ-WGC

vs.
ORDER

FIRST MAGNUS FINANCIAL
CORPORATION et al.,

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Defendants.

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This case arises out of a quiet title action alleging that Defendants wrongfully foreclosed

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on Plaintiffs’ home. In accordance with the Judgment dismissing Plaintiffs’ Complaint with

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prejudice, entered on July 17, 2012 (ECF No. 72), and pursuant to Defendant Deutsche Bank

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Trust Company Americas’ (“Deutsche Bank”) Ex Parte Motion to Expunge Lis Pendens (ECF

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No. 75), the Court finds that Defendants are entitled to an order expunging the lis pendens filed

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against the property which was the subject of this action.

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Plaintiffs filed the instant lawsuit and recorded a Notice of Pendency of Action (“Lis

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Pendens”) on December 19, 2011. The Lis Pendens was recorded as Douglas County Recorder

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Document Number 0794506, relating to this action and the real property that was the subject of

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this action, located at 196 Taylor Creek Road, Gardnerville, Nevada 89460, and more

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particularly described as follows:

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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
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County, State of Nevada on April 26, 2002, in Book 0402, at Page 8620, as
Document No. 540786.

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Douglas County Assessor’s Parcel No. 1219-04-001-017.

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Plaintiffs’ action was dismissed with prejudice on July 17, 2012. Since that time,

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Plaintiffs have made no further motions and no notice of appeal has been filed. Therefore,

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Deutsche Bank is entitled to an order of expungement.
CONCLUSION

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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

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have the effect of an expungement, and the Lis Pendens shall from this day forward have no

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force or effect.

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IT IS FURTHER ORDERED that Plaintiffs shall record a certified copy of this Order (or

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other appropriate notice) canceling the Lis Pendens, with the Douglas County Recorder’s Office

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within ten (10) business days of its entry, and if there is a failure to do so, any party may record a

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certified copy of this Order.

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IT IS SO ORDERED.
DATED: This 18th day of October, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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