House et al v. Moller et al
Filing
41
ORDER signed by Judge Morrison C. England, Jr on 11/9/11 ORDERING that Plaintiff's Application for Temporary Restraining Order 35 is GRANTED. The November 10, 2011 hearing date for the Application for Temporary Restraining Order is VACATED. The sale currently calendared for 11/15/11, shall not be conducted, and shall be and hereby is VACATED.(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORY HOUSE and
JENNIFER HOUSE,
No. 2:09-cv-02796-MCE-DAD
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Plaintiffs,
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TEMPORARY RESTRAINING ORDER
v.
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PAUL SANDNER MOLLER, ROSA
MARIE MOLLER, DANA FOSS and
EDWARD R. FOSS,
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Defendants.
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----oo0oo----
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On November 2, 2011, Plaintiffs Gregory House and Jennifer
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House (“Plaintiffs”) filed a Application for Temporary
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Restraining Order in this matter, after a Trustee’s Sale on Deeds
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of Trust for the property that is the subject of this litigation
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was scheduled for November 15, 2011.
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Plaintiffs allege that if Defendants Dana and Edward Foss are
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permitted to proceed with that foreclosure sale, Plaintiffs will
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be precluded from obtaining specific performance on their right
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of first refusal (as specified in their agricultural lease with
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Defendant Paul Moller dated February 5, 2002) should the property
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at issue be sold.
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filed to prevent any foreclosure sale from occurring until after
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Plaintiffs’ Motion for Preliminary Injunction(ECF No. 27),
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presently scheduled to be heard on December 1, 2011, has been
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The present temporary restraining order was
ruled upon.
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The Temporary Restraining Order Checklist attached to
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Plaintiffs’ Application indicates that counsel for Defendants
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Foss, Douglas Akay, never responded to Plaintiffs’ request that
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he stipulate to delay the foreclosure sale until after the
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preliminary injunction is adjudicated, thus obviating any need
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for a temporary restraining order.
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November 3, 2011, (ECF No. 39) this Court ordered that Defendants
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either oppose, or file a Statement of Non-Opposition to
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Plaintiffs’ request for temporary restraining order, not later
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than November 7, 2011 at 12:00 p.m.
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order, Defendants have filed nothing in response to Plaintiffs’
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Application.
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opposition as consent to Plaintiffs’ temporary restraining order
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request.
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(ECF No. 35) is therefore GRANTED.
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date for the Application for Temporary Restraining Order is
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hereby vacated.
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By Minute Order filed
Despite that unequivocal
The Court will construe the absence of any
Plaintiff’s Application for Temporary Restraining Order
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The November 10, 2011 hearing
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Defendants Edward and Dana Foss, either in their individual
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capacity or in their capacity or capacities as trustees on their
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notes of deed of trust, are ordered not to conduct or prepare for
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a Trustee’s Sale on the Deeds of Trust, until further order from
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this Court, for the property that is the subject of the instant
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lawsuit.
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described in the Notice of Trustees Sale (see Exhibit 8 to the
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Decl. of Greg House, ECF No. 29), shall not be conducted, and
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shall be and hereby is vacated.
The sale currently calendared for November 15, 2011, as
This temporary restraining order
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will remain in effect until after Plaintiffs’ Motion for
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Preliminary Injunction (ECF No. 27) has been adjudicated
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following the hearing on that Motion on December 1, 2011.
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No bond will be required.
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This Order is issued on the date below at 4:30 p.m.
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IT IS SO ORDERED.
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Dated: November 9, 2011
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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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