REINECKE v. Federal National Mortgage Association et al

Filing 44

ORDER Granting 42 Defendant's Motion to Expunge Lis Pendens. Signed by Judge Roger L. Hunt on 2/12/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 DISTRICT OF NEVADA 10 *** 11 JOHN REINECKE, Plaintiff, 12 13 14 ) ) ) ) ) ) ) ) ) ) vs. FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., 15 16 Case No.: 2:-10-cv-02055-RLH-PAL ORDER (Motion to Cancel and Expunge Lis Pendens – #42) Defendants. _______________________________________ 17 Before the Court is Defendant Federal National Mortgage Association’s Motion to 18 Cancel and Expunge Lis Pendens (#42, filed January 42, 2013). Plaintiff did not file an 19 opposition. 20 To challenge expungement of the lis pendens under NRS 14.015, Plaintiff must 21 show that he is likely to prevail in the action; or that he has a fair chance of success on the merits. 22 NRS § 14.015(3). On November 9, 2011, the Court granted Defendants’ Motion for Judgment on 23 the Pleadings and entered judgment in favor of Defendants. Thus, Plaintiff cannot show that he is 24 likely to prevail or has a fair chance of success on the merits and the Court must grant Defendant’s 25 Motion to Expunge Lis Pendens. 26 AO 72 (Rev. 8/82) 1 1 CONCLUSION 2 Accordingly, and for good cause appearing, 3 IT IS HEREBY ORDERED that Defendant’s Motion to Cancel and Expunge Lis 4 5 Pendens (#42) is GRANTED. IT IS FURTHER ORDERED that pursuant to NRS § 14.015, the Notice of 6 Pendency of Action filed and recorded by or on behalf of Plaintiff on the real property located at 7 6757 Kostner Street, Las Vegas, NV 89149 with the Clark County Recorder’s Office as Instrument 8 Number 201009150002648 is hereby cancelled and extinguished; this cancellation has the same 9 effect as an expungement of the original notice. 10 Dated: February 12, 2013. 11 12 ____________________________________ ROGER L. HUNT United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 (Rev. 8/82) 2

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