Schaeffer v. Wachoivia Mortgage Corporation et al

Filing 11

ORDER RE BRIEFING ON PLAINTIFF'S APPLICATION FOR PRELIMINARY RELIEF. Signed by Judge Richard Seeborg on 5/24/12. (cl, COURT STAFF) (Filed on 5/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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PAULETTE SCHAEFFER,

No. C 12-2031 RS

Plaintiff,
v.
WACHOVIA MORTGAGE
CORPORATION, et al.,

ORDER RE BRIEFING ON
PLAINTIFF’S APPLICATION FOR
PRELIMINARY RELIEF

Defendants.
____________________________________/

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Plaintiff Paulette Schaeffer seeks a temporary restraining order to enjoin a non-judicial

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foreclosure sale scheduled for May 29, 2012, and preliminary injunction that would preclude

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defendants from proceeding with the foreclosure pending trial in this action. Given the time

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constraints, defendants may elect to proceed in either of two ways:

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(1) In the event defendants are willing to postpone the foreclosure sale voluntarily for

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approximately 30 days, the application for a TRO will be denied as moot, and the matter will be

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addressed in the context of plaintiff’s application for a preliminary injunction. In that event,

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defendant’s opposition to a preliminary injunction will be due on June 7, 2012, and any reply shall

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be filed no later than June 14, 2012. If the Court deems it necessary, a hearing on the preliminary

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injunction will be held on June 21, at 1:30 p.m.; otherwise the matter will be submitted without oral

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argument. If defendants elect this option, no later than 5:00 p.m. today, May 24, 2012, they shall

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file a statement that the foreclosure sale has been postponed.

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(2) In the event defendants do not elect to postpone the foreclosure sale, they shall file any

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opposition to the application for a TRO no later than midnight today, May 24, 2012. The matter

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will then be taken under submission without further briefing or argument. In that event, any TRO

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that issues enjoining the June 7th sale will also include a briefing schedule regarding plaintiff’s

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application for a preliminary injunction against proceeding with foreclosure prior to trial.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: 5/24/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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