MELANIE D. MORGAN, ESQ. 1 Nevada Bar No. 8215 SCOTT R. LACHMAN, ESQ. 2 Nevada Bar No. 12016 AKERMAN LLP 3 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 4 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 5 Email: [email protected] Email: [email protected] 6 Attorneys for Bank of America, N.A. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 BIG ROCK ASSETS MANAGEMENT LLC, a Case No.: 2:22-cv-00909-CDS-DJA Nevada limited liability company, 10 Plaintiff, 11 v. ORDER DENYING PLAINTIFF’S 12 MOTION FOR TEMPORARY NATIONAL DEFAULT SERVICING RESTRAINING ORDER, MOTION FOR 13 CORPORATION, BANK OF AMERICA, N.A., PRELIMINARY INJUNCTION AND a national association; DOES I through X, EXPUNGING LIS PENDENS 14 inclusive, 15 Defendants. 16 17 Pending before the Court was Plaintiff Big Rock Assets Management LLC’s Motion for 18 Temporary Restraining Order and Motion for Preliminary Injunction. ECF Nos. 5 & 7. The Motions 19 were filed in conjunction with a quiet title action concerning 2124 Willow Wren Drive, North Las 20 Vegas, NV 89084, APN 124-17-513-086. ECF No. 1-1 at 2-8, 28-29. Defendant Bank of America, 21 N.A. removed this action on June 7, 2022. ECF No. 1. In responding to the Motions, Bank of America 22 moved to expunge the lis pendens. ECF No. 11.1 23 Having considered the moving papers and argument from counsel, the Court DENIES 24 Plaintiff’s Motions in their entirety since Plaintiff has not demonstrate it is entitled to enjoin Bank of 25 America's foreclosure sale. See Winter v. Nat. Res. Def. Council,

(2008). The Court 26 1 Upon review of the property records attached to the declaration of Bank of America's counsel, it does 27 not appear Big Rock recorded the Lis Pendens against the subject property. ECF No. 12-1. Big Rock 1 also GRANTS Bank of America's request in its response to the Motions to expunge the Lis Pendens 2 because Big Rock cannot demonstrate it is "likely to prevail on the merits" or have a "fair chance of 3 success on the merits." See NRS 14.015. The Court finds that NRS 106.240 is not applicable because 4 the 2021 notice of default was not a clear an unequivocal act of acceleration for purposes of the statute 5 as of 2010. See Clayton v. Gardner,

, 999 (Nev. 1991). The statute is also inapplicable 6 because any acceleration triggering NRS 106.240's 10-year clock was rescinded by multiple recorded 7 rescissions. SFR Invs. Pool 1, LLC v. U.S. Bank N.A.,

(Nev. 2022); Glass v. Select 8 Portfolio Serv., LP,

, at *1 (Nev. July 1, 2020). Moreover, the Court finds that Big 9 Rock is unlikely to prevail on the merits since it is a successor-in-interest to the settlement agreement, 10 see ECF No. 12-1 at 101-04, in the prior quiet title action styled Tyrone & In-Ching, LLC v. Quality 11 Loan Service Corporation, Case No. A-14-704684-C. ECF No. 11-1. The Court also incorporates its 12 findings and conclusions stated on the record on June 21, 2022, during the hearing on Big Rock's 13 Motions. Given these findings and conclusions, and the disposition herein, this action is one for money 14 damages only to which a lis pendens is not appropriate. See Weddell v. H2O, Inc.,

, 751 15 (Nev. 2012). 16 Accordingly, the Lis Pendens recorded against a different property, APN 124-17-613-086, is 17 hereby CANCELLED, DISCHARGED AND EXPUNGED. IT IS SO ORDERED. IT IS 18 FURTHER ORDERED that Big Rock is cannot record the Lis Pendens against the subject property 19 without express permission from the Court. IT IS FURTHER ORDERED that a copy of this order 20 expunging the Lis Pendens may be recorded with the Clark County Recorder's office. 21 Dated this 7th day of July, 2022. __________________________________ 22 UNITED STATES DISTRICT JUDGE 23 Case No.: 2:22-cv-00909-CDS-DJA Respectfully submitted by: 24 AKERMAN LLP 25 /s/ Scott R. Lachman 26 SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 27 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134