SMC Construction Co. v. Rex Moore Group, Inc.

Filing 13

ORDER granting ECF No. 6 Motion to Set hearing on Motion to Release or Reduce Mechanic's Lien and to Shorten Time ECF No. 5 . Hearing set for 9/11/2017 at 02:30 P.M. in Reno Courtroom 3 before Judge Larry R. Hicks. Signed by Judge Larry R. Hicks on 08/14/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SMC CONSTRUCTION CO.,

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Plaintiff,
Case No. 3:17-cv-00470-LRH-(VPC)

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v.
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ORDER
REX MOORE GROUP, INC.;
Defendants.

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Before the court is plaintiff SMC Construction Co.’s (“SMC”) motion to set hearing on

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motion to release or reduce mechanic’s lien (ECF No. 5) and to shorten time. ECF No. 6.
SMC initiated the underlying action against defendant Rex Moore Group, Inc. (“Rex

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Moore”) seeking a reduction or release of Rex Moore’s recently filed mechanic’s lien and for

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declaratory relief. See ECF No. 1, Ex. 2. Along with its complaint, SMC filed a motion to

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release or reduce mechanic’s lien pursuant to Nev. Rev. Stat. § 108.2275. ECF No. 5. Under

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Section 108.2275, if a court finds that a hearing on a motion to release mechanic’s lien is

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warranted, the court shall set a hearing on a motion to release mechanic’s lien “not less than 15

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days or more than 30 days” after issuing an order for a hearing. The court has reviewed SMC’s

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motions and finds that a hearing on the motion to release mechanic’s lien is warranted.

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Therefore, the court shall grant SMC’s motion to set hearing.

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IT IS THEREFORE ORDERED that plaintiff’s motion for order to set hearing and to
shorten time (ECF No. 6) is GRANTED.
IT IS FURTHER ORDERED that a hearing on plaintiff’s motion to release or reduce

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mechanic’s lien (ECF No. 5) is scheduled for Monday, September 11, 2017, at 2:30 p.m. in

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Courtroom 3 at the Bruce R. Thompson courthouse in Reno, Nevada.

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IT IS SO ORDERED.

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DATED this 14th day of August, 2017.

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________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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