Roussel v. Wells Fargo Bank, N.A. et al

Filing 29

ORDER by Judge Charles R. Breyer granting 26 Ex Parte Application. (crblc1, COURT STAFF) (Filed on 9/28/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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ERIC ROUSSEL, an individual
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Plaintiff,
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vs.
WELLS FARGO BANK, N.A., A/K/A
WACHOVIA
MORTGAGE,
A
DIVISION OF WELLS FARGO
BANK,
N.A.
AND
F/K/A
WACHOVIA MORTGAGE, FSB;
NDEX WEST LLC, a Delaware
Limited Liability Company; and all
persons or entities unknown claiming
any legal or equitable right, title,
estate, lien or interest in the property
described in this Complaint adverse to
Plaintiff’s title thereto, and DOES 1
through 25, inclusive,

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Defendants.

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CASE NO. 3:12-CV-04057-SC
[PROPOSED] ORDER GRANTING EX
PARTE APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER TO
SHOW CAUSE

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ORDER TO SHOW CAUSE
To Defendants WELLS FARGO BANK, N.A., A/K/A WACHOVIA MORTGAGE, A

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DIVISION OF WELLS FARGO BANK, N.A. AND F/K/A WACHOVIA MORTGAGE, FSB;
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[PROPOSED] ORDER

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NDEX WEST LLC.; Based upon the verified complaint filed in this action and on the

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October 10, 2012
declarations filed herewith, you are ordered to appear on _________________________ at

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2:00
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_________ a.m. / p.m. in Courtroom __ of this Court located at United States District Court,

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Northern

District

of

California,

County

of

San

Francisco,

located

at

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450 Golden Gate Ave.
____________________________________________________, to show cause why a
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preliminary injunction should not be ordered to stay the foreclosure sale set for October 1, 2012

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at 2:00 p.m., on Plaintiff’s residence located at 1344 Clayton Street, San Francisco, CA

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94117 (hereinafter “Property”), and restraining and enjoining you and your employees and

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agents, or any other persons acting with you or on your behalf from transferring ownership of

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or further encumbering the subject property.
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INJUNCTIVE RELIEF

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Pending hearing on the Order to Show Cause, you, your employees and agents, and any

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other persons acting with you or on your behalf are ordered to stay the foreclosure sale set for

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October 1, 2012 on the subject property, and you are further restrained and enjoined from

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transferring ownership of or further encumbering the property located 1344 Clayton Street,

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San Francisco, CA 94117.

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IT IS FURTHER ORDERED

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This Order to Show Cause and Injunctive Relief and supporting papers shall be served

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on Defendants no later than _______________________ by personal service/facsimile
5pm October 2, 2012

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transmission/overnight mail. Proof of such service shall be filed at least ______ court days
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prior to the hearing.

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Any opposition papers to the Order to Show Cause shall be filed and served on Plaintiff

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by personal service/facsimile transmission/overnight mail no later than ___________________.
5pm October 5, 2012

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///

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[PROPOSED] ORDER

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Any reply papers to the opposition shall be filed and served on Defendants by personal

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service/facsimile transmission/overnight mail no later than _______________________.
12 pm October 8, 2012

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The restraining order granted herein shall expire on _______________________.
October 11, 2012

RT

September 28, 2012
Date: ___________________

arles R.

Judge Ch

R NIA

ED
ORDER

Breyer

FO

NO

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[PROPOSED] ORDER

A

ER
C
___________________________________
N
F
D IS T IC T O
R
District Court Judge

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IT IS SO

LI

UNIT
ED

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S DISTRICT
TE
C
TA

RT
U
O

S

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