Howard v. Federal Home Loan Mortgage Corporation, et al
Filing
11
ORDER Granting Plaintiff's Motion for TRO. Order to Show Cause re Preliminary Injunction Hearing set for 7/11/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. See order for briefing schedule. signed by Chief Judge Anthony W. Ishii on 6/24/2011. (Nazaroff, H)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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FEDERAL HOME LOAN MORTGAGE )
CORPORATION aka Freddie Mac,
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U.S. BANK, N.A., as Trustee for TruCap )
Grantor Trust 2010-2 and ASSURED
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LENDER SERVICES, INC.,
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Defendants.
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____________________________________)
PAUL M. HOWARD,
1: 11-CV-1053 AWI GSA
TEMPORARY RESTRAINING
ORDER
ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTIVE
RELIEF SHOULD NOT BE
GRANTED
[Document #10]
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On June 24, 2011, Plaintiff filed an emergency motion for a temporary restraining order.
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Plaintiff requests an order enjoining Defendants from proceeding with a Trustee’s Sale, currently
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set for June 28, 2011. The court having reviewed Plaintiff’s motion and the complaint and finds
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good cause to issue a temporary restraining order. The evidence before the court reveals that,
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absent a temporary restraining order, the property at issue may be sold before the parties can
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provide full briefing on the issues.
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provided written notice of the motion by causing a letter and the moving papers to be faxed to
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Defendants, informing them of the temporary restraining order.
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The evidence before the court also shows that Plaintiff has
Accordingly, the court ORDERS that:
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Plaintiff’s motion for a temporary restraining order is GRANTED;
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2.
Defendants U.S. Bank, N.A., and Assured Lender Services, Inc.,
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(“Defendants”) shall appear on July 11, 2011 at 1:30 p.m. in Courtroom
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Two and show cause why a Preliminary Injunction should not be granted,
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restraining and enjoining Defendants and their officers, employees, agents,
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servants, contractors, and representatives, and all persons and entities
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acting by or through them from proceeding with a Trustee Sale (“Trustee
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Sale”) on Unit 4 of 2108 Palisade Avenue, #1-4, Modesto, California (“the
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Property”);
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3.
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Defendants SHALL file and serve their response to the Order to Show
Cause by 4:00 p.m. on July 1, 2011;
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4.
Plaintiff SHALL file any reply by 4:00 p.m. on July 6, 2011;
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5.
Defendants are enjoined from proceeding with the Trustee Sale, currently
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set for June 28, 2011, at 12:00 p.m., on the Property until further order of
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the Court; and
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6.
Plaintiff is ORDERED to serve copies of this order and the complaint,
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along with all exhibits, on Defendants no later than 10:00 a.m. on June 27,
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2011.
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IT IS SO ORDERED.
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Dated:
0m8i78
June 24, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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