Schneider v. Bank of America N.A et al

Filing 17

ORDER signed by Judge Lawrence K. Karlton on 12/1/11: Hearing re 9 MOTION for a preliminary injunction SET for 1/17/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiff SHALL file a motion for preliminary injunction in accordance with Local Rule 231(d) by December 19, 2011. Defendants SHALL file an opposition to Plaintiff's motion for a preliminary injunction, in accordance with Local Rule 231(d), by January 3, 2012, or not at all. Plaintiff SHALL file a reply to Defendants' opposition, in accordance with Local Rule 231(d), on January 10, 2012. The Temporary Restraining Order shall remain in effect through the hearing on January 17, 2012. (Kaminski, H)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER D. SCHNEIDER,
NO. CIV. S-11-2953 LKK/DAD PS

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Plaintiff,
v.
O R D E R

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BANK OF AMERICA N.A., BANK
OF AMERICA MORTGAGE, BANK
OF AMERICA HOME LOANS
SERVICING LP, BALBOA
INSURANCE CO., HOME RETENTION
GROUP, QUALITY LOAN SERVICE
CORP., CLIFF COLER, DOES 1-40,

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Defendants.

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/
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Plaintiff

Christopher

Schneider,

pro

se,

was

granted

a

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Temporary Restraining Order (“TRO”) to prevent Defendants Bank of

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America, N.A., et al., from foreclosing on Plaintiff’s property

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located at 16291 Stone Jug Rd., Sutter Creek, CA 95688. Order, ECF

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No. 12 (Nov. 17, 2011).

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December 1, 2011, at 5 PM.

The TRO was set to expire on Thursday,
Id.

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Plaintiff has requested that this court issue an Order to Show

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Cause to Defendants as to why a preliminary injunction should not
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be issued against them.

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Pls’ Appl., ECF No. 16 (Nov. 29, 2011).

The court hereby sets a hearing on Plaintiff’s application for

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a preliminary injunction on January 17, 2012, at 10:00 A.M.

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Although the court, in its order granting a TRO, referred all

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further pretrial proceedings to Magistrate Judge Dale A. Drozd,

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pursuant

request

for

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injunctive relief must be heard by a District Court Judge.

The

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hearing for the preliminary injunction shall therefore be before

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the District Court Judge in this matter.

to

Local

Rule

302(c)(3),

Plaintiff’s

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Although Plaintiff has applied for an Order to Show Cause as

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to why a preliminary injunction should not be issued against

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Defendants, Plaintiff has not filed a motion for a preliminary

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injunction with the requisite accompanying brief required by Local

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Rule

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preliminary injunction in accordance with Local Rule 231(d) by

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December

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Plaintiff’s motion for a preliminary injunction, in accordance with

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Local Rule 231(d), by January 3, 2012, or not at all.

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shall file a reply to Defendants’ opposition, in accordance with

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Local Rule 231(d), on January 10, 2012.

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231(d).

19,

Plaintiff

2011.

shall

Defendants

therefore

shall

file

file

an

a

motion

opposition

for

to

Plaintiff

The court finds that good cause exists to extend the TRO to

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allow adequate time for briefing on the motion in this case.

See

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Fed. R. Civ. P. 65(b)(2).

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therefore remain in effect through the hearing on January 17, 2012.

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The Temporary Restraining Order shall

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Accordingly, the court ORDERS as follows:

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[1] A hearing on Plaintiff’s motion for a preliminary

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injunction is SET for January 17, 2012 at 10:00 A.M.

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[2]

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injunction in accordance with Local Rule 231(d) by

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December 19, 2011.

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to Plaintiff’s motion for a preliminary injunction, in

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accordance with Local Rule 231(d), by January 3, 2012,

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or

Plaintiff

not

at

SHALL

all.

file

a

motion

for

preliminary

Defendants SHALL file an opposition

Plaintiff

SHALL

file

a

reply

to

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Defendants’ opposition, in accordance with Local Rule

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231(d), on January 10, 2012.

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[3] The Temporary Restraining Order shall remain in

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effect through the hearing on January 17, 2012.

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IT IS SO ORDERED.

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DATED:

December 1, 2011.

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