Irigoyen v. First Guarantee Financial Corporation et al

Filing 14

ORDER on Stipulation to Continue Hearing and Continue Temporary Restraining Order signed by Chief Judge Anthony W. Ishii on 07/14/2011. Opposition due by 8/1/2011; Reply due by 8/15/2011; Show Cause Hearing set for 8/29/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Flores, E)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT FOR THE
8
EASTERN DISTRICT OF CALIFORNIA
9
10
11
12
13
14
15

BERNADETTE IRIGOYEN, personally )
and on behalf of all similarly situated,
)
)
Plaintiff,
)
v.
)
)
FIRST GUARANTY FINANCIAL
)
CORPORATION, et al.,
)
)
Defendants.
)
____________________________________)

1:11-CV-1096 AWI MJS
ORDER ON STIPULATION TO
CONTINUE HEARING AND
CONTINUE TEMPORARY
RESTRAINING ORDER
(Doc. No. 13)

16
17
18

On July 6, 2011, the Court granted Plaintiff’s request for a temporary restraining order

19

and restrained Defendants from conducting a foreclosure sale of Plaintiff’s residence. See

20

Court’s Docket Doc. No. 11. The Court ordered the defendants to file an opposition by 3:00 p.m.

21

July 12, 2011, to Plaintiff’s motion for a preliminary injunction. See id. The Court ordered

22

Plaintiff to file a reply by 5:00 p.m. July 14, 2011. See id. The show cause hearing on Plaintiff’s

23

motion for preliminary injunction was set for July 18, 2011. See id.

24

On July 12, 2011, Plaintiff and Defendants Aurora Loan Services, LLC (“Aurora”) and

25

Mortgage Electronic Registration Systems, Inc. (“MERS”) filed a stipulation. See id. at Doc. No.

26

13. The stipulation provides that hearing would be moved from July 18, 2011, to August 29,

27

2011; the temporary restraining order would remain in full force until the August 29, 2011,

28

hearing; the time for Aurora to file and serve its opposition would be extended to August 1,

1

2011; and the time for Plaintiff to file and serve her reply would be extended to August 15, 2011.

2

See id. The stipulation was not signed by Defendants First Guaranty Financial Corp. (“FGF”),

3

Westchester Funding (“WF”), or Cal-Western Reconveyance Corp (“CWR”). See id.

4

FGF, WF, and CWR failed to file an opposition on July 12, 2011. Further, FGF, WF, and

5

CWR filed no response to the stipulation filed by Plaintiffs and Aurora and MERS. The Court

6

will construe the failure of FGF, WF, and CWR to file any opposition to Plaintiff’s motion for

7

preliminary injunction, as will as their lack of response to the stipulation, to be a tacit agreement

8

to the terms of the stipulation. So construed, the Court will give effect to the stipulation.

9
10
11

Accordingly, in light of the July 12, 2011, stipulation, IT IS HEREBY ORDERED that:
1.

12
13

The July 18, 2011, show cause hearing is RESET to August 29, 2011, at 1:30 p.m. in
Courtroom No. 2 in Fresno, California;

2.

14

Defendants shall file any opposition to Plaintiff’s motion for preliminary injunction on or
by August 1, 2011;

15

3.

Plaintiff shall file a reply to any opposition on or by August 15, 2011;1 and

16

4.

The temporary restraining order issued on July 6, 2011 (Doc. No. 11) shall remain in full

17
18

force and effect until the August 29, 2011, hearing.
IT IS SO ORDERED.

19
20

Dated:
0m8i78

July 14, 2011
CHIEF UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28

1

Consistent with the Court’s July 6, 2011, order, as part of the briefing, both parties shall address the
propriety of an injunction based on the alleged violation by W estchester of its fiduciary duties owed to Plaintiff in its
capacity as a mortgage broker.

2