Opinion
Case No: 2:11-cv-01295-JCM-RJJ
10-25-2011
CHRIS DAVENPORT, an individual, Plaintiff, v. RECONTRUST COMPANY, N.A., a wholly owned subsidiary of Bank of America, N.A.; AND DOES I individuals 1 to 100, Inclusive; and ROES Corporations 1 to 30, Inclusive, Defendants.
ARIEL E. STERN, ESQ. Nevada Bar No. 8276 CHRISTINA S. BHIRUD, ESQ. Nevada Bar No. 11462 AKERMAN SENTERFITT LLP Attorneys for Defendant ReconTrust Company, N.A.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
AKERMAN SENTERFITT LLP
Attorneys for Defendant
ReconTrust Company, N.A.
ORDER CANCELING LIS PENDENS
This court issued an order [Dkt. 14] granting defendant ReconTrust Company, N.A.'s (defendant) motion to dismiss for failure to state a claim and expunge lis pendens [Dkt. 6] (motion) on September 14, 2011, and entered judgment in favor of defendant on September 14, 2011 [Dkt. 15].
Defendant requests that the lis pendens plaintiff Chris Davenport (plaintiff) recorded against the subject property be canceled.
The court finds that plaintiff recorded a notice of lis pendens affecting real property (lis pendens) on July 25, 2011, as Instrument Number 201107250001396, in the real property records maintained by the Clark County Recorder. A copy of the lis pendens is attached hereto as Exhibit A and fully incorporated by reference.
Upon consideration of defendant's request to cancel the above-referenced lis pendens, and good cause appearing therefore, the court hereby grants defendant its requested relief and rules as follows:
1. It is ordered, adjudged and decreed that the above-referenced lis pendens is hereby canceled, released and expunged.
2. It is further ordered, adjudged and decreed that this order canceling the above-referenced lis pendens has the same effect as an expungement of the original lis pendens.
3. It is further ordered, adjudged and decreed that defendant 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:
__________________________
UNITED STATES DISTRICT JUDGE
Submitted by:
AKERMAN SENTERFITT LLP
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
400 South Fourth Street, Suite 450
Las Vegas, Nevada 89101
Attorneys for Defendant
ReconTrust Company, N.A.