McDonald et al v. Residential Mortgage Capital et al

Filing 35

ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Maxine M. Chesney on May 1, 2009. (mmclc2, COURT STAFF) (Filed on 5/1/2009)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court v. RESIDENTIAL MORTGAGE CAPITAL, et al., Defendants. / DARRELL MCDONALD, et al., Plaintiffs, No. C-09-1365 MMC ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Before the Court is plaintiffs' Application for Temporary Restraining Order, filed April 30, 2009, by which plaintiffs request an injunction prohibiting the sale of their home, which sale has been scheduled for May 19, 2009. Having read and considered the application and the papers filed in support thereof, the Court finds the application premature at this time. In particular, as plaintiffs note, the Court has scheduled a hearing for May 14, 2009 on plaintiffs' motion for a preliminary injunction, filed April 16, 2009. Although plaintiffs assert counsel for defendant Federal Deposit Insurance Corporation ("FDIC") "has advised [p]laintiffs that she will move the Court for a stay of all proceedings . . . that will remove the hearing on the preliminary injunction from the calendar" (see App. at 2:21-24), no such motion to stay has been filed to date. If and when any motion to stay is filed, the Court will take whatever action is appropriate thereon. Accordingly, plaintiffs' application is hereby DENIED. IT IS SO ORDERED. Dated: May 1, 2009 MAXINE M. CHESNEY United States District Judge

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