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

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 11/4/15: HEARING as to 16 MOTION for TEMPORARY RESTRAINING ORDER; MOTION for PRELIMINARY INJUNCTION set for 11/13/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SVETLANA TYSHKEVICH,

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No. 2:15-CV-2010 JAM AC (PS)

Plaintiff,
v.

ORDER

WELLS FARGO BANK, N.A. AS
TRUSTEE ON BEHALF OF HARBOR
VIEW MORTGAGE LOAN PASSTHROUGH TRUST CERTIFICATES
SERIES 2006-12; et al.,
Defendants.

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Plaintiff, proceeding pro se, has filed an application for a Temporary Restraining Order

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(“TRO”) or Preliminary Injunction, together with her First Amended Complaint. ECF

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Nos. 16, 17. Plaintiff asserts that unless the court intervenes, she will lose her home to a trustee’s

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sale on November 23, 2015, based upon a mortgage loan which plaintiff claims she has rescinded.

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See Declaration of Svetlana Tyshkevich (“Plaintiff’s Dec.”) (ECF No. 16). The court will

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accordingly hear plaintiff’s application on November 13, 2015.

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The court notes that (1) plaintiff’s application appears to be based upon her having sent a

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rescission notice more than nine years after the March 6, 2006 date when the loan transaction was

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memorialized, see TRO Checklist (ECF No. 16-1) at pp. 7 & 9, and (2) defendants, having

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previously moved to dismiss the original complaint on the grounds of the 3-year statute of
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limitations, can be expected to raise the statute of limitations in opposition to this application.

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The parties should therefore be prepared to discuss the statute of limitations issue and all other

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matters pertinent to the application.

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Therefore, IT IS HEREBY ORDERED that:

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1. A hearing on plaintiff’s application for a TRO or Preliminary Injunction is SET for

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November 13, 2015 at 10:00 a.m. in Courtroom 26 (8th Floor), before the undersigned;
2. Defendants shall file their responses to the application no later than November 9, 2015
at 3:30 p.m.
3. Plaintiff shall file her Reply, if any, no later than November 12, 2015 at 12:30 p.m.
DATED: November 4, 2015

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