Zoroglu et al v. Wells Fargo Bank NA et al
Filing
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ORDER, Defendants shall file a Response to Plaintiffs' 9 MOTION for Reconsideration by 1/31/12; should Defendant Wells Fargo agree to continue the trustee's sale voluntarily and file notice of such, Defendants shall have, until 2/6/12 to file a response. Signed by Judge G Murray Snow on 1/26/12. (REW)
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WO
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiffs,
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vs.
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Wells Fargo Bank, NA; First American )
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Title Insurance Company,
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Defendants.
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Demir Zoroglu and Tuzin G. Zoroglu,
husband and wife,
No. CV-12-156-PHX-GMS
ORDER
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Pending before the Court is Plaintiffs’ Motion for Reconsideration. (Doc. 9). For
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the reasons set forth below, Defendants are asked to file a response.
BACKGROUND
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The facts in this matter are set forth in the Court’s previous order denying a
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Temporary Restraining Order (“TRO”). (Doc. 7). Plaintiffs ask for reconsideration of that
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order based upon their claim that Wells Fargo appointed First American Loanstar Trustee
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Services, LLC, as a successor trustee in January of 2010, and that First American Title
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Company had no power to notice a trustee sale in November of 2011, since it was no longer
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the trustee. (Doc. 9).
DISCUSSION
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1.
Legal Standard
Under Rule 59(e), a motion for reconsideration may be granted only on one of four
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grounds, “1) the motion is necessary to correct manifest errors of law or fact upon which the
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judgment is based; 2) the moving party presents newly discovered or previously unavailable
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evidence; 3) the motion is necessary to prevent manifest injustice or 4) there is an intervening
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change in controlling law.” Turner v. Burlington N. Santa Fe R.R. Co., 338 F.3d 1058, 1063
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(9th Cir. 2003) (internal quotations and emphasis omitted). Motions for reconsideration are
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disfavored and are not the place for parties to make new arguments not raised in their original
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briefs and arguments. See Northwest Acceptance Corp. v. Lynnwood Equip., Inc., 841 F.2d
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918, 925-26 (9th Cir. 1988). Nor should such motions ask the Court to “rethink what the
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court has already thought through—rightly or wrongly.” See United States v. Rezzonico, 32
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F. Supp. 2d 1112, 1116 (D. Ariz. 1998) (quoting Above the Belt, Inc. v. Mel Bohannon
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Roofing, Inc., 99 F.R.D. 99, 101 (E.D. Va. 1983)).
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2.
Analysis
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Although Plaintiffs’ argument regarding the substitution of trustee is presented in the
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complaint, it is discussed only in a cursory fashion in their TRO motion, which includes the
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sentence “Wells Fargo and FATCO have not satisfied the statutorily required conditions
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precedent to a lawful trustee sale.” (Doc. 1-1, Ex. 5 at 5). Such a statement does nothing to
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reference the argument, let alone establish any likelihood of raising serious issues as to the
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merits of Plaintiff’s claim. Nevertheless, out of an abundance of caution, the Court asks
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Defendants to respond to the motion. Defendants’ response will be directed solely to the
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issue of whether First American Title Company had the power to notice a trustee’s sale of
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the property.
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Defendants shall have three business days to respond. Previously, Defendant Wells
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Fargo requested that their deadline to respond be extended to February 6, 2012, the scheduled
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date of the trustee’s sale. Defendant Wells Fargo, in making that motion, wrote that it “agrees
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to voluntarily continue the Trustee’s Sale for a period of no less than thirty (30) days.” (Doc.
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6). Should Wells Fargo agree to continue the trustee’s sale voluntarily for thirty days,
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Defendants may have until February 6, 2012 to respond to Plaintiffs’ Motion for
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Reconsideration.
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IT IS THEREFORE ORDERED that Defendants shall file a response to Plaintiffs’
Motion for Reconsideration (Doc. 9) on or before Tuesday, January 31, 2012.
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IT IS FURTHER ORDERED that should Defendant Wells Fargo agree to continue
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the trustee’s sale voluntarily and file notice of such, Defendants shall have, to and including,
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February 6, 2012 to file a response.
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DATED this 26th day of January, 2012.
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