Opinion
3:11-CV-0476-LRH-VPC
01-24-2013
ORDER
Before the court is defendants' motion to expunge lis pendens. Doc. #27. Plaintiff Eric R. Silsby did not file a response to the motion.
Refers to the court's docketing number.
On March 28, 2006, Silsby purchased real property through a mortgage note and deed of trust executed by defendant Ownit Mortgage Solutions, Inc. ("Ownit"). Silsby defaulted on the loan and defendants initiated non-judicial foreclosure proceedings.
Subsequently, on May 18, 2011, Silsby filed a complaint against defendants alleging nine causes of action: (1) debt collection violations; (2) Nevada Unfair and Deceptive Trade Practices Act, NRS 598.0923; (3) Nevada Unfair Lending Practices Act, NRS 598D.100; (4) breach of the covenant of good faith and fair dealing; (5) NRS 107.080; (6) quiet title; (7) fraud; (8) slander of title; and (9) abuse of process. Doc. #1, Exhibit 2. Defendants filed a series of motions to dismiss (Doc. ##5, 7) which were granted by the court (Doc. #19). In response, Silsby filed a motion for reconsideration (Doc. #21) which was denied by the court (Doc. #25). Thereafter, defendants filed the present motion to expunge lis pendens to which Silsby did not respond. Doc. #27.
The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion under LR 7-2(d). Moreover, the court finds that defendants' motion to expunge lis pendens is warranted based on the court's order of dismissal. Doc. #19. Accordingly, the court shall grant defendants' motion to expunge lis pendens.
IT IS THEREFORE ORDERED that defendants' motion to expunge lis pendens (Doc. #27) is GRANTED. Defendants shall have ten (10) days to submit an appropriate proposed order expunging the lis pendens and submit the same for approval and signature.
IT IS SO ORDERED.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE