Nelson LAC v. Nationstar Mortgage LLC

Filing 24

ORDER signed by Judge Kimberly J. Mueller on 10/14/2015 ORDERING 13 Plaintiff's motion for a temporary restraining order is GRANTED; to this end they are ENJOINED from conducting any nonjudicial foreclosure sale on the property until 60 days f rom the date this order is filed; Settlement Conference set for 11/30/2015 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; the parties are directed to exchange non-confidential settlement conference statements 7 days prior to this settlement conference.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NELSON LAC,

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No. 2:15-cv-00523-KJM-DAD
Plaintiff,

v.

ORDER

NATIONSTAR MORTGAGE LLC,
DOES 1–10,
Defendant.

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This matter is before the court on plaintiff Nelson Lac’s motion for a temporary

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restraining order barring the nonjudicial foreclosure sale of his home. ECF No. 13. The court

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held a hearing on that motion on October 6, 2015. Aldon Balanos appeared for Nelson Lac, and

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Chris Chapman appeared by telephone for defendant Nationstar Mortgage LLC.

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At hearing, the court confirmed Nationstar did not oppose the motion for a

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temporary restraining order to postpone the sale. The parties also agreed the foreclosure sale may

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be postponed for sixty days to allow the parties to exhaust settlement efforts. The court therefore

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GRANTS the motion for a temporary restraining order and construes the parties’ agreement at

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hearing as a stipulation to entry of a sixty-day preliminary injunction.

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Nationstar Mortgage LLC, and its agents and assigns, are hereby ordered to refrain
from taking any action to alienate title in 7575 Citrus Avenue, Sacramento, California 95823,
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from Mr. Nelson Lac. To this end they are ENJOINED from conducting any nonjudicial

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foreclosure sale on this property until sixty days from the date this order is filed.

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As discussed at hearing, the parties have expressed interest in appearing for

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settlement conference. Magistrate Judge Kendall J. Newman has been randomly selected. A

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settlement conference is scheduled before Judge Newman for November 30, 2015, at 9:00 a.m. in

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Courtroom No. 25, 8th Floor.

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The parties are directed to exchange non-confidential settlement conference

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statements seven (7) days prior to this settlement conference. These statements shall

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simultaneously be delivered to the court using the following email address:

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[e-mail]. If a party desires to share additional confidential information with

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the court, they may do so pursuant to the provisions of Local Rule 270(d) and (e).

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This order resolves ECF No. 13.

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IT IS SO ORDERED.

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DATED: October 14, 2015.

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UNITED STATES DISTRICT JUDGE

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