McAllister v. IndyMac Federal Bank FSB

Filing 12

TEMPORARY RESTRAINING ORDER that Pla's 11 Application for Reissuance or Extension of Temporary Restraining Order is GRANTED; that no bond is required of Pla for this TRO extension. Setting a hearing on Pla's request for a Preliminary Inju nction for 06/29/09 at 11:00 a.m. in Courtroom 602, Sandra Day OConnor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. Pla to serve notification of this Order upon Dft. Pla is further directed to provide a copy of this Order to Dft within twenty-four hours of its issuance. Signed by Judge G Murray Snow on 06/11/09. (NOTE: Please see attached pdf for further instructions) (ESL)

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WO
NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) INDYMAC FEDERAL BANK, F.S.B., ) ) ) Defendant. ) ) CATHERINE MCALLISTER,

No. 09-CV-1075-PHX-GMS TEMPORARY RESTRAINING ORDER

On May 21, 2009, the Court issued a Temporary Restraining Order ("TRO") enjoining Defendant from conducting or pursuing a trustee sale of property located at 4241 W. Monte Cristo Avenue, Phoenix, Arizona 85053 for a period of ten days. (Dkt. # 8.) Pending before the Court is the Emergency Application for Reissuance or Extension of Temporary Restraining Order and Petition for Order to Show Cause of Plaintiff Catherine McAllister. (Dkt. # 11.) Although Defendant apparently complied with the original TRO, Defendant has now rescheduled the trustee sale of the subject property for 12:00 P.M., June 15, 2009. Consequently, Plaintiff requests that this Court reissue or extend the TRO previously issued by the Court. Plaintiff has now filed a certificate of service with the Court indicating that Defendant has been served and provided with copies of all relevant filings. (Dkt. # 10.) For the reasons discussed in the May 21 TRO and good cause appearing, Plaintiff is entitled to reissuance of temporary injunctive relief. Therefore,

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IT IS HEREBY ORDERED that Plaintiff's Application for Reissuance or Extension of Temporary Restraining Order (Dkt. # 11) is GRANTED. IT IS FURTHER ORDERED that Defendant and its appointed Trustee are enjoined for a period of TEN (10) DAYS from the date and time of the issuance of this Order from conducting or pursuing in any way a trustee's sale of Plaintiff's property located at 4241 W. Monte Cristo Avenue, Phoenix, Arizona 85053. IT IS FURTHER ORDERED that this Order is binding on Defendant; Defendant's officers, agents, servants, employees, and attorneys; and any person acting in concert or participation with anyone previously described and having actual notice hereof. IT IS FURTHER ORDERED that no bond is required of Plaintiff for this TRO extension. IT IS FURTHER ORDERED that the matter of a preliminary injunction is placed on an expedited briefing schedule given the nature of the TRO. Plaintiff shall file a memorandum in support of her request for a preliminary injunction before 5 p.m. on Monday, June 15, 2009. Defendant shall file (1) a notice of appearance and (2) a response to Plaintiff's memorandum before 5 p.m. on Wednesday, June 24, 2009. Plaintiff shall file a reply memorandum before 5 p.m. on Friday, June 26, 2009. IT IS FURTHER ORDERED setting a hearing on Plaintiff's request for a Preliminary Injunction for Monday, June 29, 2009 at 11:00 a.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 850032151. IT IS FURTHER ORDERED directing Plaintiff to serve notification of this Order upon Defendant. Plaintiff is further directed to provide a copy of this Order to Defendant within twenty-four hours of its issuance. DATED this 11th day of June, 2009, 10:00 a.m.

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