Sousa v. Quality Loan Servicing Corporation et al

Filing 21

ORDER denying 17 Ex Parte Motion for Temporary Restraining Order. Signed by Judge Frederick J Martone on 3/22/12.(MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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David Sousa,
Plaintiff,

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vs.

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Wells Fargo,
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Defendant.
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No. CV 12-00334-PHX-FJM
ORDER

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Plaintiff has filed an ex parte application for temporary restraining order to enjoin the

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trustee's sale of his house scheduled for today, March 22, 2012 (doc. 17). He did not file this

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order until March 21, 2012, yet inexplicably requests action by March 20. Plaintiff

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previously filed an expedited ex parte motion for temporary restraining order on February

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17, 2012 (doc. 5). Because defendants' untimely removal deprived the parties of a scheduled

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hearing in state court, we held a conference on February 21, 2012, and granted temporary

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relief. We construed plaintiff's motion as an application for preliminary injunctive relief and

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set a briefing schedule. At a preliminary injunction hearing held March 7, 2012, we denied

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plaintiff's motion for preliminary injunctive relief for the reasons stated on the record and

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vacated the temporary restraining order. Nothing has changed since that time. For the

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reasons stated on the record at the March 7 hearing,

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///

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IT IS ORDERED DENYING plaintiff's application for temporary restraining order
(doc. 17).
DATED this 22nd day of March, 2012.

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