Arvizu v. GMAC Mortgage, LLC, FKA GMAC Mortgage Corporation et al

Filing 34

ORDER DENYING Plaintiff's Application for Temporary Restraining Order and Order to Show Cause re: Injunction signed by Judge Oliver W. Wanger on 8/20/2010. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 MATTHEW ARVIZU, Plaintiff, vs. ORDER DENYING PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: INJUNCTION Date: Time: Dept: Judge: Monday, August 2, 2010 4:00 PM Courtroom 3, 7th floor Hon. Oliver W. Wanger UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:10-cv-990-OWW-JLT

GMAC MORTGAGE, LLC FKA GMAC 15 MORTGAGE CORPORATION; GREENPOINT MORTGAGE FUNDING, 16 INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ETS 17 SERVICES, LLC; EXECUTIVE TRUSTEE SERVICES; CONNIE R. MELVIN d/b/a 18 ACTION LEGAL SUPPROT SERVICE; MERRITT LAW, INC.; and Does 1 to 200, 19 inclusive, 20 21 22 23 24 25 26 27 28 .

Plaintiff Matthew Arvizu's ("Plaintiff's") ex parte Emergency Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction (Docket No. 18), filed on July 29, 2010 ("Application"), came on for hearing on August 2, 2010 in this Department before the Hon. Oliver W. Wanger. Francisco Aldana of The Advocates' Law Firm, LLP appeared on behalf of Plaintiff. Alex Sears of Severson & Werson appeared on behalf of defendants GMAC Mortgage, LLC,
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Case No. 1:10-cv-990-OWW-JLT ORDER

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Mortgage Electronic Registration Systems, Inc, and Executive Trustee Services, LLC (incorrectly sued as "ETS Services, LLC" and "Executive Trustee Services"). Chetna Vora of Archer Norris appeared on behalf of defendant Greenpoint Mortgage Funding, Inc. After considering the moving and opposition papers, as well as oral argument, and good cause appearing, the Court ruled as follows: IT IS HEREBY ORDERED that because Plaintiff has not adequately demonstrated a likelihood of success on the merits, that Plaintiff's Application for temporary restraining order is DENIED. The denial of Plaintiff's Application for temporary restraining order is WITHOUT PREJUDICE to Plaintiff bringing a motion for a preliminary injunction, seeking the same relief as was sought in the Application, on a regular noticed motion schedule.

DATED:__August 20, 2010_

_/s/ OLIVER W. WANGER____________ Hon. Oliver W. Wanger U.S. District Court Judge

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Case No. 1:10-cv-990-OWW-JLT ORDER

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