Wells Fargo Bank, N.A. v. Vann

Filing 16

ORDER DENYING EMERGENCY PETITION FOR PRELIMINARY INJUNCTION. Signed by Judge Charles R. Breyer on 8/17/2012. (crblc1, COURT STAFF) (Filed on 8/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 12-04023 CRB

WELLS FARGO BANK,

ORDER DENYING EMERGENCY
PETITION FOR PRELIMINARY
INJUNCTION

Plaintiff,
v.
KEITH A. VANN,

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Defendant.

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Defendant Keith Vann has filed an “Emergency Petition Ex Parte for Preliminary

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Injunction,” asking the Court to “stop all harassment, collection attempt(s), foreclosure(s),

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sales and/or otherwise unlawful taking of property from Petitioner.” This Petition is

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DENIED. The Court remanded Defendant’s case on August 10, 2012. See dkt. 8. The

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Court terminated Defendant’s case the same day. See dkt. 10. The Court therefore lacks

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jurisdiction to adjudicate the merits of Defendant’s Petition. See Moore v. Permanente Med.

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Grp., Inc., 981 F.2d 443, 445 (9th Cir. 1992) (district court is divested of jurisdiction on the

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merits after remand). To the extent Defendant seeks emergency relief, he may seek it in state

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court.

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IT IS SO ORDERED.

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Dated: August 17, 2012

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G:\CRBALL\2012\4023\order re TRO.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE