Gosal v. Wells Fargo Bank Home Mortgage Inc.

Filing 11

ORDER signed by District Judge John A. Mendez on 04/23/18 DENYING 9 Motion for TRO and 10 Motion to Expedite. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMALJIT K. GOSAL,

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No. 2:18-cv-00908 JAM AC (PS)

Plaintiff,
v.

ORDER

WELLS FARGO BANK, N.A.,
Defendant.

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Plaintiff is proceeding in this action pro se. This matter is before the court on plaintiff’s
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motion for a temporary restraining order (ECF No. 9) and plaintiff’s motion to expedite the
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motion for a temporary restraining order (ECF No. 10). Both of these motions are DENIED.
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Plaintiff moves for an expedited temporary restraining order to be issued on April 23,
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2018 to prevent the trustee’s sale of her property, which is scheduled to take place on April 24,
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2018. ECF No. 9 at 3 and ECF No. 10. Plaintiff’s motions are denied because plaintiff has not
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shown compliance Local Rule 231(b), which allows the court to consider whether the moving
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party could have sought relief by motion for preliminary injunction at an earlier date without the
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necessity for seeking last-minute relief by motion for temporary restraining order. The court
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finds plaintiff unjustifiably delayed seeking relief. Defendant removed this case on April 13,
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2018. ECF No. 1. Although documents within the removal papers indicate a motion for a
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temporary restraining order was filed with the state court, no such motion was filed in federal

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court until April 23, 2018, one day in advance of the scheduled foreclosure sale. ECF Nos. 9 and

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10. Plaintiff makes no statement as to why she did not file her motion for a temporary restraining

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order contemporaneously with the removal of the complaint. Local Rule 230, which sets the

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requirements for bringing motions before this court, makes no exception for removed cases.

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Additionally, a temporary restraining order is not appropriate because plaintiff has not

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provided all the necessary documents required under Local Rule 231(c), such as an affidavit in

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support of the existence of an irreparable injury and a provision for a bond within the proposed

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temporary restraining order. ECF No. 9. To the extent plaintiff intends to seek a preliminary

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injunction, such a motion must be filed in accordance with Local Rule 231(d) and Federal Rule of

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Civil Procedure 65(a) and must be noticed for an available calendar date.

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DATED: April 23, 2018

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