Omega et al v. Wells Fargo & Co.,

Filing 56

ORDER SETTING BRIEFING SCHEDULE AND SETTING HEARING ON PLAINTIFFS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER. Responses due by 2/8/2012. Temporary Restraining Order Hearing set for 2/9/2012 10:00 AM.. Signed by Judge JEFFREY S. WHITE on 2/8/12. (jjoS, COURT STAFF) (Filed on 2/8/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FLORENCIO L. OMEGA, et al.,

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For the Northern District of California

United States District Court

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No. C 11-02621 JSW
ORDER SETTING BRIEFING
SCHEDULE AND SETTING
HEARING ON PLAINTIFFS’
APPLICATION FOR A
TEMPORARY RESTRAINING
ORDER

Plaintiffs,
v.
WELLS FARGO & CO., et al.,
Defendants.
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Plaintiffs have filed an application for a Temporary Restraining Order, in which they

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seek to stop a trustee sale scheduled on February 9, 2012 at 12:30 p.m. Although Plaintiffs take

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the position that the Court lacks subject matter jurisdiction over this action, they seek this relief,

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because a hearing on Plaintiffs’ motion to remand is not scheduled until February 24, 2012.

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Thus, if the sale goes forward, it is possible that Plaintiffs’ interest in the subject property will

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be impaired before this Court decides whether it has jurisdiction to hear this action or whether

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the action should be remanded to state court.

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The Court HEREBY ORDERS Defendants to file an opposition to Plaintiffs’ Ex Parte

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Application by no later than 4:00 p.m. on February 8, 2012. The Court shall not require a reply

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from Plaintiffs. The Court FURTHER ORDERS that the parties shall appear for a hearing on

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the application at 10:00 a.m. on February 9, 2012.

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In light of the fact that the hearing on Plaintiffs’ motion to remand is scheduled for

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February 24, 2012, the Court exhorts the parties to agree to a postponement of the trustee sale

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until after that motion is to be heard and at a time that, if the Court were to determine it does not

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have jurisdiction over this case, would provide Plaintiffs with sufficient time to raise the issue
before state Court. If the parties come to such an agreement prior to tomorrow’s hearing, they

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shall submit a stipulation and proposed Order to the Court modifying the briefing schedule and

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continuing the hearing on the request for the Temporary Restraining Order.

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IT IS SO ORDERED.
Dated: February 8, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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