McAllister v. IndyMac Federal Bank FSB

Filing 18

TEMPORARY RESTRAINING ORDER that pla's application for a preliminary injunction 13 is DENIED. No bond is required of pla for this TRO extension. Telephonic Status Conference set for 7/29/2009 09:30 AM before Judge G Murray Snow. (See document for full details). Signed by Judge G Murray Snow on 6/30/2009. (LAD)

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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NOT FOR PUBLICATION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. CV-09-1075-PHX-GMS TEMPORARY RESTRAINING ORDER

Pending before the Court is the Application for a Preliminary Injunction of Plaintiff Catherine McAllister. (Dkt. # 13.) On June 21, 2009, the Court issued a Temporary Restraining Order ("TRO") enjoining Defendant Indymac Federal Bank 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.) On June 11, 2009, the Court extended the TRO for a additional period of ten days. (Dkt. # 12.) The Court conducted a hearing on Plaintiff's Application for a Preliminary Injunction on June 29, 2009. (Dkt. # 17.) At the hearing, the parties stipulated to a twenty-day extension of the TRO, during which time Defendant would provide Plaintiff with the documentation requested in her Qualified Written Request. Therefore, for the reasons discussed on the record: IT IS HEREBY ORDERED that Plaintiff's Application for a Preliminary Injunction is (Dkt. # 13) is DENIED.

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IT IS FURTHER ORDERED that Defendant and its appointed Trustee are enjoined for a period of TWENTY (20) 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 Defendant provide the documentation requested in Plaintiff's Qualified Written Request to Plaintiff before the expiration of the twenty-day TRO extension. IT IS FURTHER ORDERED that Defendant and its appointed Trustee are additionally enjoined for a period of FORTY-FIVE (45) DAYS from the date and time that Defendant provides Plaintiff with the documentation requested in her Qualified Written Response from conducting 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 setting a telephonic status conference for Wednesday, July 29, 2009, at 9:30 a.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. DATED this 30th day of June, 2009, 8:00 a.m.

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