Aniel et al v. GMAC Mortgage, LLC et al
Filing
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ORDER re 7 Emergency Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause filed by Marc Jason Aniel, Erlinda Abibas Aniel, Fermin Solis Aniel, Set/Reset Deadlines as to 7 Emergency Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause. Responses due by 9/11/2012. Replies due by 9/18/2012. Motion Hearing set for 9/25/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 8/23/12. (lrc, COURT STAFF) (Filed on 8/23/2012)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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7 ERLINDA ABIBAS ANIEL, an individual;
Case No: C 12-04201 SBA
FERMIN SOLIS ANIEL, an individual;
8 MARC JASON ANIEL, an individual,
ORDER
Plaintiffs,
Docket 7.
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v.
11 GMAC MORTGAGE, LLC; EXECUTIVE
TRUSTEE SERVICES, LLC., DBA ETS
12 SERVICES, LLC; AND DOES 1 THROUGH
50,
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Defendants.
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On August 9, 2012, Plaintiffs Erlinda Aniel, Fermin Aniel, and Marc Aniel
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(collectively "Plaintiffs") filed the instant action against Defendants GMAC Mortgage,
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LLC ("GMAC") and Executive Trustee Services, LLC ("ETS") alleging nine claims for
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relief in connection with a foreclosure proceeding on their residence located at 75 Tobin
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Clark Drive, Hillsborough, CA 94010 (the "Property"). Compl., Dkt. 1. On August 8,
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2012, Plaintiffs filed an Ex Parte Application for Temporary Restraining Order and Order
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to Show Cause ("TRO Application"), which seeks an order enjoining the Trustee's Sale of
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the Property scheduled for August 27, 2012. Dkt. 7. On August 22, 2012, Plaintiffs
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notified the Court that the Trustee's Sale has been postponed to September 27, 2012. Dkt.
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11.
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In light of the postponement of the Trustee's Sale, IT IS HEREBY ORDERED
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THAT a hearing is scheduled on Plaintiffs' TRO Application for September 25, 2012. ETS
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and GMAC shall file their opposition briefs by no later than September 11, 2012.
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Plaintiffs' reply brief is due by no later than September 18, 2012. Plaintiffs shall serve ETS
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and GMAC with a copy of this Order forthwith and shall immediately file a proof of
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service evidencing that ETS and GMAC have been properly served with this Order.
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IT IS SO ORDERED.
Dated: 7/23/12
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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