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

Filing 41

ORDER RE BRIEFING ON APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Richard Seeborg on 11/15/12. (cl, COURT STAFF) (Filed on 11/15/2012)

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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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TRACEY HOBBS AND RODNEY HOBBS,
et al.,

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Plaintiff,
v.

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ORDER RE BRIEFING ON
APPLICATION FOR TEMPORARY
RESTRAINING ORDER

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

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No. C 12-4060 RS

Defendants.
____________________________________/

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Plaintiffs seek to enjoin a foreclosure sale presently scheduled for Monday, November 19,

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2012. No later than 2:00 p.m., on Friday, November 17, 2012, defendants shall file any opposition

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to the application for a temporary restraining order. Defendants may presume that the Court is

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familiar with the arguments presented on the merits of the claims in the pending motion to dismiss.

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Defendants’ brief should include, however, a discussion of the claim under Civil Code § 2923.5 that

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addresses Osorio v. Wells Fargo Bank, 2012 WL 1909335 (N.D.Cal. 2012). By the same deadline,

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plaintiffs shall file a supplemental brief and/or declarations addressing the fact that they did not seek

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injunctive relief until three court days prior to the scheduled foreclosure, notwithstanding the fact

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that this action has been pending in this court since early August.

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In the alternative, the parties are strongly encouraged to attempt to stipulate to a continuance

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of the foreclosure sale for 30 days, to permit the propriety of further injunctive relief to be given

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more fulsome consideration.

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IT IS SO ORDERED.

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Dated: 11/15/12

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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