Rusty Brown et al v. National Default Servicing Corporation et al
| Rusty Brown, as Trustee of the Charles R. Ellis Living Trust, Charles R. Ellis Living Trust, a Nevada Trust, Rusty Brown and Charles R. Ellis Living Trust |
| National Default Servicing Corporation, an Arizona corporation, The Bank of New York Mellon a/k/a The Bank of New York Mellon Corporation a/k/a BNY Mellon, Bank of America, N.A., a National Banking Association, Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC, Countrywide Home Loans Inc., The Reserve Development, LLC, Does 1-30, The Bank of New York Mellon, National Default Servicing Corporation, The Bank of New York Mellon Corporation, BNY Mellon and Bank of America, N.A. |
| 2:2023cv01178 |
| July 25, 2023 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Nancy J Koppe |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 NOTICE Notice of No Response to Court's Order to Show Cause by Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon re 22 Minute Order,,,.. (Wittig, Donna) |
| Filing 26 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #25 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (CJS) |
| Filing 25 NON-OPPOSITION to #20 Motion for Judgment, by Plaintiffs Charles R. Ellis Living Trust, Rusty Brown. (Flangas, Leonides) |
| Filing 24 NOTICE of Appearance by attorney Sean Bair Kirby on behalf of Defendants Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC. (Kirby, Sean) |
| Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/30/2023. By Deputy Clerk: Danielle Cacciabaudo.Due to a scheduling conflict, the motions hearing re: #8 Motion to Dismiss, #9 Motion to Expunge Lis Pendens, #10 Motion for Rule 54(B) Relief currently set for 9/7/2023 is vacated and continued to 10/11/2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. The Court will also hear arguments on the #20 Motion for Judgment. This hearing will be IN PERSON. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/29/2023.On August 24, 2023, in a published opinion in LV Debt Collect, LLC v. BONY, __ P.3d __ 2023 WL 5490314, the Supreme Court of Nevada rejected the theory that, under NRS 106.240, a deed of trust is automatically extinguished ten years after the notice of default. That rejected theory forms the basis for the plaintiffs' claims in this case. IT IS THEREFORE ORDERED that the plaintiffs Rusty Brown, as Trustee of the Charles R. Ellis Living Trust, and the Charles R. Ellis Living Trust must show cause in writing by 9/12/23 why this action should not be dismissed based on LV Debt Collect. The defendants will then have ten days to file a response. No reply brief will be entertained. (no image attached) (Copies have been distributed pursuant to the NEF - JAD) |
| Filing 21 Joint STATUS REPORT Regarding Removal by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon.. (Wittig, Donna) |
| Filing 20 MOTION for Judgment on the Pleadings by Defendants Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC. Responses due by 9/6/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wight, Brody) |
| Filing 19 REPLY to Response to #10 Motion, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. (Wittig, Donna) |
| Filing 18 REPLY to Response to #9 Motion to Expunge Lis Pendens, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. (Wittig, Donna) |
| Filing 17 REPLY to Response to #8 Motion to Dismiss, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. (Wittig, Donna) |
| Filing 16 RESPONSE to #11 Joinder by Plaintiff Rusty Brown. (Flangas, Leonides) Modified on 8/16/2023 linked to motions (WJ). |
| Filing 15 RESPONSE to #8 Motion to Dismiss, #9 Motion to Expunge Lis Pendens, #10 Motion, by Plaintiff Rusty Brown. Reply due by 8/22/2023. (Flangas, Leonides) |
| Filing 14 STATEMENT REGARDING REMOVAL by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon.. (Wittig, Donna) |
| Filing 13 NOTICE Setting Hearing on #8 MOTION to Dismiss, #9 MOTION to Expunge Lis Pendens and #10 MOTION Request for Rule 54(B) Relief or, Alternatively, Order to Show Cause: Motions Hearing set for 9/7/2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. This hearing will be conducted in person. No video or telephonic appearances will be permitted. (no image attached) (DC) |
| Filing 12 CERTIFICATE of Interested Parties by Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Merscorp Holdings, Inc., Other Affiliate Intercontinental Exchange, Inc., Other Affiliate ICE Mortgage Services, LLC for Mortgage Electronic Registration Systems, Inc.; Corporate Parent Nationstar Sub1 LLC, Corporate Parent Nationstar Sub2 LLC, Other Affiliate The Vanguard Group, Inc., Other Affiliate BlackRock, Inc., Other Affiliate Nationstar Mortgage Holdings Inc., Other Affiliate WMIH Corp., Other Affiliate Mr. Cooper Group Inc. for Nationstar Mortgage, LLC added.. (Wight, Brody) |
| Filing 11 JOINDER to #9 Motion to Expunge Lis Pendens, #10 Motion, #8 Motion to Dismiss, by Defendant Mortgage Electronic Registration Systems, Inc.. (Wight, Brody) |
| Filing 10 MOTION Request for Rule 54(B) Relief or, Alternatively, Order to Show Cause re #1 Petition for Removal,,, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. Responses due by 8/15/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wittig, Donna) (misc) (dispositive) |
| Filing 9 MOTION to Expunge Lis Pendens re #1 Petition for Removal,,, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. Responses due by 8/15/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wittig, Donna) |
| Filing 8 MOTION to Dismiss #1 Petition for Removal,,, by Defendants Bank of America, N.A., Countrywide Home Loans Inc., The Bank of New York Mellon. Responses due by 8/15/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wittig, Donna) |
| Filing 7 CERTIFICATE of Interested Parties by The Bank of New York Mellon that identifies all parties that have an interest in the outcome of this case. Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon added.. (Wittig, Donna) |
| Filing 6 NOTICE Consent to Removal of Action from Eighth Judicial District Court, Clark County, Nevada by The Bank of New York Mellon re #1 Petition for Removal,,,.. (Wittig, Donna) |
| Filing 5 CERTIFICATE OF SERVICE for #4 Minute Order Removal Case, by Defendants Bank of America, N.A., Countrywide Home Loans Inc... (Attachments: #1 Exhibit 1)(Lachman, Scott) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/26/2023. By Deputy Clerk: A.Miller. Statement regarding removed action is due by 8/10/2023. Joint Status Report regarding removed action is due by 8/25/2023. (Copies have been distributed pursuant to the NEF - AMMi) |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe. (AMMi) |
| Filing 3 CERTIFICATE of Interested Parties by Countrywide Home Loans Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Countrywide Financial Corporation, Other Affiliate Bank of America Corporation, Other Affiliate Berkshire Hathaway Inc. for Countrywide Home Loans Inc. added.. (Lachman, Scott) |
| Filing 2 CERTIFICATE of Interested Parties by Bank of America, N.A., a National Banking Association that identifies all parties that have an interest in the outcome of this case. Corporate Parent BAC North America Holding Company, Other Affiliate NB Holdings Corporation, Other Affiliate Berkshire Hathaway Inc., Other Affiliate Bank of America Corporation for Bank of America, N.A., a National Banking Association added.. (Lachman, Scott) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-871168-C, (Filing fee $ 402 receipt number ANVDC-7374113) by Bank of America, N.A., a National Banking Association, Countrywide Home Loans Inc.. Proof of service due by 8/22/2023. Certificate of Interested Parties due by 8/4/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet) (Lachman, Scott) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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