George Hague as Trustee of the Hague Family Irrevocable Trust et al v. Wells Fargo Bank, N.A. et al

Filing 13

ORDER by Judge Thelton E. Henderson granting 11 Ex Parte Application (tehlc2, COURT STAFF) (Filed on 5/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GEORGE HAGUE, AS TRUSTEE
OF THE HAGUE FAMILY
IRREVOCABLE TRUST, et al.,

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v.

ORDER RE: TEMPORARY
RESTRAINING ORDER

WELLS FARGO BANK, N.A., et al.,
Defendants.

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For the Northern District of California

United States District Court

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Plaintiffs,

NO. C11-02366 TEH

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Plaintiffs’ home at 17656 Hillside Court, Castro Valley, California (“the property”), is

13 scheduled to be sold at a Trustee’s Sale on Thursday, May 26, 2011, at 12:30 p.m. On May
14 24, 2011, Plaintiffs filed an ex parte application for (1) a temporary restraining order halting
15 the sale, and (2) an order to show cause as to why a preliminary injunction should not issue.
16 The facts presented in Plaintiffs’ application and supporting declarations clearly show that
17 immediate and irreparable injury will result from the Trustee’s Sale. The Court is also
18 satisfied with Plaintiffs’ counsel’s efforts to give notice to Defendants and his explanation as
19 to why notice should not be required in this instance. Accordingly, pursuant to Rule 65 of the
20 Federal Rules of Civil Procedure, the Court hereby GRANTS Plaintiffs’ ex parte application
21 for temporary restraining order. This order is issued at 4:30 p.m. on May 24, 2011, and is
22 effective until 4:30 p.m. on June 7, 2011.
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Defendants are also HEREBY ORDERED to show cause as to why a preliminary

24 injunction should not issue halting any further action concerning the sale of the property.
25 Unless the parties stipulate to an extension of the temporary restraining order and an
26 alternative hearing and briefing schedule, Defendants’ show cause response shall be filed on
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1 or before May 27, 2011. Any reply from Plaintiffs shall be filed on or before June 1, 2011.
2 This matter is set for hearing on Monday, June 6, 2011, at 10 a.m. in Courtroom 2.
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4 IT IS SO ORDERED.
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6 Dated: 5/24/11
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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