Pavey et al v. Recontrust Company N.A.
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 6/2/11 DENYING 3 Motion for TRO. (Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN M & JANELLE R PAVEY,
Plaintiffs,
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v.
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RECONTRUST COMPANY, N.A., and
Does 1 through 10,
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Defendants.
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2:11-cv-01477-GEB-DAD
ORDER
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Pro se Plaintiffs filed a petition for a Temporary Restraining
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Order (“TRO”) on June 1, 2011, in which they seek to enjoin Defendant
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from foreclosing on real property they own. Plaintiffs request that the
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TRO issue “without notice to defendant[, arguing they] will suffer
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immediate and irreparable injury, loss, or damage if the [TRO] is not
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granted before defendant can be heard[.]” (Pet. for Temporary Inj. 9:9-
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11.) However, “[t]he court may issue a temporary restraining order
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without written or oral notice to the adverse party or its attorney only
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if . . . specific facts in an affidavit or a verified complaint clearly
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show that immediate and irreparable injury, loss, or damage will result
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to the movant before the adverse party can be heard in opposition[.]”
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Fed. R. Civ. P. 65(b)(1)(A).
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Plaintiffs have filed a verified TRO petition and complaint,
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which are devoid of facts justifying issuance of an unnoticed TRO, and
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only contain conclusory averments that are insufficient to satisfy the
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applicable injunction standard. See Alliance for the Wild Rockies v.
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Cottrell,
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injunction is an “extraordinary remedy” and to obtain an injunction, the
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movants must establish a likelihood of success on the merits, that they
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are likely to suffer irreparable harm in the absence of injunctive
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relief, that the balance of equities tips in their favor, and in certain
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instances that an injunction is in the public interest). Therefore,
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Plaintiffs’ request for a TRO is denied.
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Dated:
632
F.3d
1127,
1131
(9th
Cir.
2011)
(stating
June 2, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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that
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