Stricklen et al v. Bayview Servicing et al

Filing 9

ORDER signed by District Judge Garland E. Burrell, Jr on 7/20/2017 DENYING 7 Motion for Temporary Restraining Order. Plaintiff's 8 Amended Motion for Preliminary and Permanent Injunctions is REFERRED to the Assigned Magistrate Judge Edmund F. Brennan. (Donati, J)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ERIC and HARRIET STRICKLEN 8 Plaintiffs, 9 10 No. 2:17-cv-1446-GEB-EFB v. ORDER BAYVIEW SERVICING, et al., 11 Defendants. 12 Pro se Plaintiffs seek to enjoin a trustee sale of 13 14 their property scheduled for August 2, 2017. Plaintiffs filed 15 what for 16 restraining order (“TRO”) on July 19, 2017. 17 for a TRO was denied since it did not “show[] that Defendants 18 ha[d] been notified about the request” as required by Federal 19 Rule 20 Plaintiffs’ present request for a TRO also fails to prove that 21 Defendants received the required notice that a TRO is sought. they of characterize Civil as Procedure an amended 65. motion Order a temporary A previous request 2:1–16, ECF No. 6. 22 “A temporary restraining order is a provisional remedy 23 intended to ‘preserv[e] the status quo and prevent[] irreparable 24 harm 25 injunction] hearing, and no longer.’” 26 No. 2:13-cv-00697-GEB-DAD, 2013 WL 1500450, at *1 (E.D. Cal. Apr. 27 10, 2013) (second and third alterations in original) (quoting 28 Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S. 423, 439 just so long as is necessary 1 to hold a [preliminary Woo v. Flagstar Bank, FSB, 1 (1974)). 2 demonstrate ‘immediate and irreparable injury, loss or damage’” 3 prior to a duly noticed preliminary injunction hearing. 4 v. City of Escondido, 465 F. Supp. 2d 1043, 1049 (S.D. Cal. 2006) 5 (quoting Fed. R. Civ. P. 65(b)). 6 that a TRO is necessary before they can have a duly noticed 7 hearing on a preliminary injunction scheduled, Plaintiffs’ motion 8 for a TRO, ECF No. 7, is DENIED. “As such, an applicant for a TRO is required to Garrett Since Plaintiffs have not shown 9 Furthermore, the motion Plaintiffs characterize as an 10 Amended Motion for Preliminary and Permanent Injunctions, ECF 11 No. 8, is referred to the assigned magistrate judge under Local 12 Rule 302(c)(21). 13 IT IS SO ORDERED. 14 Dated: July 20, 2017 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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