Aniel et al v. GMAC Mortgage, LLC et al

Filing 12

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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 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. 9 10 v. 11 GMAC MORTGAGE, LLC; EXECUTIVE TRUSTEE SERVICES, LLC., DBA ETS 12 SERVICES, LLC; AND DOES 1 THROUGH 50, 13 Defendants. 14 15 16 On August 9, 2012, Plaintiffs Erlinda Aniel, Fermin Aniel, and Marc Aniel 17 (collectively "Plaintiffs") filed the instant action against Defendants GMAC Mortgage, 18 LLC ("GMAC") and Executive Trustee Services, LLC ("ETS") alleging nine claims for 19 relief in connection with a foreclosure proceeding on their residence located at 75 Tobin 20 Clark Drive, Hillsborough, CA 94010 (the "Property"). Compl., Dkt. 1. On August 8, 21 2012, Plaintiffs filed an Ex Parte Application for Temporary Restraining Order and Order 22 to Show Cause ("TRO Application"), which seeks an order enjoining the Trustee's Sale of 23 the Property scheduled for August 27, 2012. Dkt. 7. On August 22, 2012, Plaintiffs 24 notified the Court that the Trustee's Sale has been postponed to September 27, 2012. Dkt. 25 11. 26 In light of the postponement of the Trustee's Sale, IT IS HEREBY ORDERED 27 THAT a hearing is scheduled on Plaintiffs' TRO Application for September 25, 2012. ETS 28 and GMAC shall file their opposition briefs by no later than September 11, 2012. 1 Plaintiffs' reply brief is due by no later than September 18, 2012. Plaintiffs shall serve ETS 2 and GMAC with a copy of this Order forthwith and shall immediately file a proof of 3 service evidencing that ETS and GMAC have been properly served with this Order. 4 5 IT IS SO ORDERED. Dated: 7/23/12 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?