Morris v. Residential Credit Solutions, Inc. et al

Filing 10

ORDER signed by District Judge Troy L. Nunley on 6/27/14. Plaintiff is ORDERED to file any motions concerning preliminary injunctive relief within the next 30 days. Should Plaintiff fail to file a motion for injunctive relief within 30 days, the temporary restraining order will be lifted. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHAD MORRIS,

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Plaintiff,

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No. 2:14-cv-01460-TLN-CKD

v.

ORDER

RESIDENTIAL CREDIT SOLUTIONS,
INC, et al.,
Defendant.

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This matter is before the Court pursuant to Plaintiff Chad Morris’s (“Plaintiff”) motion for

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temporary restraining order and application for order to show cause. (ECF No. 8.) This action
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was originally instituted in Sacramento Superior Court. Prior to Defendants Residential Credit
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Services, Inc. and Bank of America Corporation (“Defendants”) removing this action to federal

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court, the superior court issued a temporary restraining order barring Defendants from
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commencing or continuing any action of any kind in furtherance of foreclosure or sale of
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Plaintiff’s residence.1 The superior court’s order set a hearing for argument concerning the

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preliminary injunction for July 16, 2014.
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Although this case was removed to federal court, the aforementioned temporary
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restraining order is still in effect. See Granny Goose Foods, Inc. v. Brotherhood of Teamsters &
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Plaintiff has provided this Court with a copy of the temporary restraining order. (See ECF No. 8-2.)

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Auto Truck Drivers, 415 US 423, 427 (1974); see also Fed R. Civ. P. 81(c)(1); Cal. Prac. Guide

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Fed. Civ. Pro. Before Trial Ch. 2D-9 (providing that “[o]nce a case is removed, federal rather

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than state procedural rules govern the future course of proceedings. Thus, although existing state

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orders remain binding upon the parties, their duration and effect are now determined by federal

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law.”) Accordingly, Defendants are hereby ordered to show cause in writing within 14 days as to

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why they should not be held in contempt for failing to adhere to the preliminary injunction.

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In addition, the Court hereby extends the temporary restraining order already in place until

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a determination is made as to whether preliminary injunctive relief is appropriate. Accordingly,

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Plaintiff is hereby ordered to file any motions concerning preliminary injunctive relief within the

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next 30 days.

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temporary restraining order will be lifted.

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Should Plaintiff fail to file a motion for injunctive relief within 30 days, the

IT IS SO ORDERED.
Dated: June 27, 2014

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Troy L. Nunley
United States District Judge

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