Beverly, Trustee of the Beverly-Blair Meadowridge Trust v. Weaver-Farley et al

Filing 21

ORDER EXTINGUISHING LIS PENDENS re 20 Proposed Order Submission. Plaintiff shall record a copy of this Order or other appropriate notice cancelling the Notice of Pendency of Action or Lis Pendens with the Washoe County Recorder's Office within 5 business days of its entry, and if there is a failure to do so, any party may record a copy of this Order. Signed by Judge Larry R. Hicks on 10/22/2013. (Copies have been distributed pursuant to the NEF - KR)

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Case 3:13-cv-00348-LRH-VPC Document 20 Filed 10/19/13 Page 1 of 3 1 2 3 4 5 WRIGHT, FINLAY & ZAK, LLP Chelsea A. Crowton, Esq. Nevada Bar No. 11547 5532 South Fort Apache Road, Suite II 0 Las Vegas, NV 89148 (702) 475-7964; Fax: (702) 946-1345 ccrowton(ci)wri ghtlegal.net Attorney for Defendant, Wells Fargo Bank, NA. 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 Case No.: 3:13-CV-00348-RH-VPC NADINA BEVERLY, Trustee of the BEVERLY-BLAIR MEADOWRIDGE TRUST, ORDER EXTINGUISHING ORDER GRANTING MOTION TO LIS PENDENS EXPUNGE LIS PENDENS Plaintiff 11 VS. 12 13 14 15 16 17 18 GAYLE WEAVER-FARLEY, also known as GAYLE FARLEY, individually and as trustee ofThe 2005 GAYLE WEAVER-FARLEY FAMILY TRUST DATED MAY 18, 2005; QUALITY LOAN SERVICE CORPORATION, a California corporation; WELLS FARGO BANK, N.A.; OHIO SAVINGS BANK; and DOES I through X, Defendants. 19 20 The Defendant, Wells Fargo Bank, N.A., filed a Motion to Dismiss with Prejudice the 21 Plaintiffs Complaint and Motion to Expunge Lis Pendens on June 28, 2013 as Docket Numbers 22 2 and 3. The Plaintiff filed an Opposition to the Motion to Dismiss and Motion to Expunge Lis 23 Pendens on July 15,2013 as Docket Numbers 12 and 13. The Defendant, Wells Fargo Bank, 24 N.A., filed a Reply in Support of the Motion to Dismiss and Motion to Expunge Lis Pendens on 25 July 26,2013 and July 31,2013 as Docket Numbers 14 and 15. On October 9, 2013, the Court 26 having considered all arguments presented, the pleadings on file herein, and the Court 27 determining that good cause appearing, entered an Order granting the Motion to Dismiss and 28 Page I of 3 1 Motion to Expunge Lis Pendens as Docket Number 18. Pursuant to the Court’s Order entered on 2 October 9, 2013, the Court hereby rules as follows: 3 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that any Pendency of Action 4 or Lis Pendens recorded by the Plaintiff in the Official Records of Washoe County, Nevada on May 5 31, 2013 as Document Number 4243172, relating to this action and the real property that is subject 6 of this action located at 6369 Meadow Crest CL, Reno, Nevada, 89509, APN: 041-200-08 legally 7 described as: 8 PARCEL 1: 9 LOT 8 IN BLOCK A OF MEADOWRIDGE UNIT NO. 1-C, ACCORDING TO THE MAP THEREOF, FILED I THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 02, 1978, UNDER FILING NO. 568098, OFFICIAL RECORDS. 10 11 PARCEL 2: 12 13 14 EASEMENTS AS SET FORTH IN THE SECTIONS ENTITLED “CERTAIN EASEMENTS FOR OWNERS” AND “SUPPORT, SETTLEMENT AND ENCROACHMENT” OF THE ARTICLE ENTITLED “EASEMENTS” OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, RECORDED MARCH 28, 1978, AS DOCUMENT NO. 522153. 15 16 17 is hereby cancelled, expunged, or voided, pursuant to N.R.S. 14.015 and it shall have from this day forward have no force or effect. 18 IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED that pursuant to 19 N.R.S. 14.015(5), the Plaintiff shall record a copy of this Order or other appropriate notice cancelling 20 the Notice of Pendency of Action or Lis Pendens, with the Washoe County Recorder’s Office within 21 five (5) business days of its entry, and if there is a failure to do so, any party may record a copy of 22 this Order. 23 IT IS SO ORDERED, 24 22nd day of October, 2013. DATED this ___ day of October, 2013. 25 26 27 28 ________________________________ UNITED STATES DISTRICT JUDGE

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