Taheny et al v. Wells Fargo Bank, N.A. et al

Filing 19

ORDER signed by Senior Judge Lawrence K. Karlton on 10/20/10 ORDERING that dft's 5 Motion to Dismiss is DENIED w/o prejudice as moot; plfs are ordered to file the first amended complaint as consented to by dft; the hearing on plf's 17 Motion for Preliminary Injunction is CONTINUED to 11/22/10 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Benson, A.)

Taheny et al v. Wells Fargo Bank, N.A. et al

Doc. 19

1 2 3 4 5 6 7 8 9 MICHAEL TAHENY, et al., 10 NO. CIV. S-10-2123 LKK/EFB 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 On October 12, 2010, Defendants. / this court granted from a temporary on v. ORDER WELLS FARGO BANK, N.A., et al., Plaintiffs, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

restraining

order,

preventing

defendants

foreclosing

plaintiff's home for fourteen (14) days. That restraining order will expire on October 26, 2010. Hearing on a preliminary

injunction was set for October 25, 2010, and the parties were advised to submit any additional briefing no later than seven (7) days prior to the preliminary injunction hearing. Plaintiffs timely submitted a motion for a preliminary injunction on October 18, 2010. Also on that date, the parties filed a stipulation to postpone the preliminary injunction hearing. In the stipulation, 1
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the defendant consented to plaintiff filing an amended complaint, and a copy of that amended complaint was attached to the

stipulation. The defendant also agreed to postpone the foreclosure on plaintiff's home until November 30, 2010. The parties have requested that the preliminary injunction be continued to November 22, 2010. Accordingly, the court orders as follows: [1] Defendant's pending Motion to Dismiss, ECF No. 5, is DENIED WITHOUT PREJUDICE as moot. [2] Plaintiffs are ORDERED to file the First Amended

Complaint, as consented to by defendant. [3] The hearing on plaintiff's motion for a preliminary injunction scheduled on October 25, 2010 is CONTINUED to November 22, 2010 at 10:00 a.m. IT IS SO ORDERED. DATED: October 20, 2010.

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