Opinion
Case No.: 2:12-cv-00136-LRH-GWF
02-23-2013
MONICA LEE, an individual, Plaintiff, v. BAC HOME LOANS SERVICING, LP; MERSCORP, INC., a Virginia corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation; FEDERAL NATIONAL MORTGAGE ASSOCIATION; RECONTRUST COMPANY; AND DOES individuals 1 to 100, inclusive; and ROES Corporations 1 to 30, inclusive; and all other persons or entities unknown claiming any right, title, estate, lien, or interest in the real property described in the Complaint adverse to Plaintiff's ownership, or any cloud upon Plaintiff's title thereto, Defendants.
ORDER CANCELING LIS PENDENS
The Court finds Lee recorded four (4) separate Notices of Lis Pendens Affecting Real Property on or about August 31, 2011, November 14, 2011, February 7, 2012, and February 8, 2012, respectively, as Instrument Numbers 201108310001762, 201111140000650, 201202070000681, and 201202080000118, respectively, in real property records maintained by the Clark County Recorder. Copies of the four (4) Lis Pendens are attached as Exhibits A, B, C, and D and fully incorporated by reference.
On September 12, 2011 Lee filed an action in Case No. A-11-647394-C against defendants. The case was removed to the Eighth Judicial District Court on September 29, 2011 as Case 2:11-cv-01583-JCM-PAL and defendants filed a motion to dismiss. Judge Mahan dismissed Lee's complaint in its entirety. See Order Granting Motion to Dismiss First Complaint, Exhibit E.
On September 13, 2011 Lee filed a second complaint in United States District Court, District of Nevada, Case No. 2:11-cv-01473-GMN-CWH, based on identical facts involving the same property. After Defendants again filed a motion to dismiss, Judge Navarro dismissed Lee's second complaint in its entirety. See Order Granting Motion to Dismiss Second Complaint, Exhibit F.
On April 25, 2012, Lee filed a third complaint (the instant action), relating to the same property and the same underlying facts. On April 25, 2012, defendants filed a motion to dismiss [Dkt. 14], which this Court granted on July 5, 2012 [Dkt. 18]. On August 10, 2012, defendants filed a motion to expunge lis pendens [Dkt. 20], which this Court granted on December 18, 2012 [Dkt. 22].
The Court: 1. Orders, adjudges, and decrees that all of the above-referenced Lis Pendens are canceled, released and expunged. 2. Further orders, adjudges and decrees that this Order canceling all of the above-referenced Lis Pendens has the same effect as an expungement of all of the original Lis Pendens. 3. Further orders, adjudges and decrees defendants record a properly certified copy of this Cancellation Order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this Order's issue.
APPROVED:
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE