Zoroglu et al v. Wells Fargo Bank NA et al

Filing 18

ORDER denying 9 Plaintiffs' Motion for Reconsideration. Signed by Judge G Murray Snow on 2/7/12.(LSP)

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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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Demir Zoroglu and Tuzin G. Zoroglu,

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Plaintiffs,
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vs.
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Wells Fargo Bank, NA; First American )
Title Insurance Company,
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Defendants.
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No. CV-12-156-PHX-GMS
ORDER

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Pending before the Court is Plaintiffs’ Motion for Reconsideration. (Doc. 9). Plaintiffs

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had sought a Temporary Restraining Order (“TRO”) preventing a scheduled Trustee’s sale

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of their property, which the Court had previously denied. (Doc. 7). The Court requested

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responses from Defendants to the Motion for Reconsideration, and in responding, Defendant

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Wells Fargo Bank noted that the Trustee’s sale had been cancelled on February 2, and

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included a Notice of Trustee’s sale with its response. (Doc. 14, Ex. C).1 Since the sale has

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been cancelled, the motion for a TRO is moot, and the Motion for Reconsideration is denied.

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The Court takes judicial notice of the Cancellation because it contains “matters of
public record outside the pleadings.” Mack v. S. Bay Beer Distribs., Inc., 798 F.2d 1279,
1282 (9th Cir. 1986), overruled on other grounds by Astoria Fed. Sav. & Loan Ass’n. v.
Solimino, 501 U.S. 104 (1991).

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IT IS THEREFORE ORDERED that Plaintiffs’ Motion for Reconsideration (Doc.
9) is denied.
DATED this 7th day of February, 2012.

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