Weber et al v. PNC Bank, N.A. et al

Filing 6

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/22/13 ORDERING that the temporary restraining order will remain in effect until the hearing on the preliminary injunction. (Manzer, C)

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Stephen C. Ruehmann, Esq. (167533)
[e-mail]
Robin D. Shofner, Esq. (272552)
[e-mail]
RUEHMANN LAW FIRM, P.C.
9580 Oak Avenue Parkway, Suite 15
Folsom, California 95630
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
THOMAS A. WEBER and
BELINDA G. WEBER

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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THOMAS A. WEBER and BELINDA G. )
WEBER,
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Plaintiffs,
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v.
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PNC BANK, N.A.; HSBC BANK, U.S.A., )
N.A.; and DOES 1 to 100, inclusive,
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Defendants.
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Case No.: 2:13-cv-00298-GEB-CKD
STIPULATION TO KEEP TEMPORARY
RESTRAINING ORDER IN EFFECT
PENDING PRELIMINARY INJUNCTION
HEARING; [PROPOSED] ORDER

Removed:

February 15, 2103

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JOINT STIPULATION

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Plaintiffs THOMAS A. WEBER and BELINDA G. WEBER (collectively “Plaintiffs”)

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and Defendants PNC BANK, N.A. and HSBC BANK U.S.A., N.A. as Trustee for Luminent

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Mortgage Trust 2007-2 (“Defendants”), (collectively “Parties”) by and through their counsel of

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record, hereby stipulate as follows:

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1. Plaintiffs filed their Complaint on January 14, 2013, in Placer County Superior Court,
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STIPULATION TO KEEP TEMPORARY RESTRAINING ORDER IN EFFECT PENDING PRELIMINARY INJUNCTION
HEARING; [PROPOSED] ORDER

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Case No.: SCV0032361;
2. The underlying issue of this action is the potential foreclosure of the subject property

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located at 8972 Bronson Drive, Granite Bay, California 95746 (the “Subject Property”).
3. On January 16, 2013, Placer County Superior Court granted Plaintiffs’ request for a

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Temporary Restraining Order (“TRO”) and set an Order to Show Cause Re: Preliminary

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Injunction (“OSC”) hearing for January 29, 2013. Prior to the OSC hearing, Defendants’

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counsel and Plaintiffs’ counsel entered into a stipulation to continue the OSC hearing. Pursuant

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to the Stipulation, the OSC hearing was continued to February 28, 2013.
4. On February 15, 2013, Defendants filed a Notice of Removal of Action with the

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United States District Court, Eastern District of California (Sacramento Division) and the above-

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mentioned case was assigned Case No.: 2:13-cv-00298-GEB-CKD.

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5. WHEREAS, the Parties by stipulation have agreed and request that the Court’s

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temporary restraining order entered on January 16, 2013, remain in effect until a regularly

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noticed Motion for Preliminary Injunction hearing can be heard by the United States District

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Court, Eastern District of California.
6. This stipulation will not result in prejudice to any party and its impact on judicial

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proceedings is not expected to be significant.
7. Nothing in this stipulation shall constitute a waiver of any arguments or defenses that

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Plaintiffs or Defendants may wish to assert in their pleadings, all of which are expressly

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reserved.

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STIPULATION TO KEEP TEMPORARY RESTRAINING ORDER IN EFFECT PENDING PRELIMINARY INJUNCTION
HEARING; [PROPOSED] ORDER

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IT IS SO STIPULATED.

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Dated: February 22, 2013

RUEHMANN LAW FIRM, P.C.

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/s/ Robin D. Shofner, Esq._______
Robin D. Shofner, Esq.
Attorney for Plaintiffs
THOMAS A. WEBER and BELINDA G.
WEBER

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Dated: February 22, 2013

WOLFE & WYMAN LLP

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/s/ Colleen B. Kelley, Esq._______
Brian H. Gunn, Esq.
Colleen B. Kelley, Esq.
Attorneys for Defendant
PNC BANK, N.A., and HSBC BANK,
U.S.A., N.A.; as Trustee for Luminent
Mortgage Trust 2007-2 (erroneously sued as
“HSBC BANK, U.S.A., N.A.”)

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ORDER

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The Court having considered the foregoing stipulation, and good cause appearing,

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IT IS HEREBY ORDERED that:

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The Temporary Restraining Order shall remain in effect until the hearing on the

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preliminary injunction occurs.

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Date: 2/22/2013

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___________________________________
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GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION TO KEEP TEMPORARY RESTRAINING ORDER IN EFFECT PENDING PRELIMINARY INJUNCTION
HEARING; [PROPOSED] ORDER