Tall et al v. Mortgage Electronic Registration Systems, Inc (MERS) et al

Filing 11

ORDER SETTING HEARING RE PLAINTIFFS' EX PARTE APPLICATION FOR A TRO re 8 MOTION for Temporary Restraining Order filed by Brian Tall, Joanne Olivas (whalc2, COURT STAFF) (Filed on 11/8/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRIAN TALL and JOANNE OLIVAS,

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Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 12-05348 WHA

v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. (“MERS”);
DEUTSCHE BANK NATIONAL TRUST
COMPANY; AMERICAN HOME
MORTGAGE ASSETS TRUST 2006-5; and
AMERICAN HOME MORTGAGE
CORPORATION,

ORDER SETTING HEARING RE
PLAINTIFFS’ EX PARTE
APPLICATION FOR A TRO

Defendants.
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On November 8, 2012, plaintiffs Brian Tall and Joanne Olivas filed an ex parte

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application for a temporary restraining order and order to show cause re preliminary injunction.

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Plaintiffs seek an order enjoining defendants and their employees, agents, and persons acting on

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their behalf from foreclosing on, transferring ownership of, or further encumbering the real

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property located at 3716 Kay Court, Fremont, California 94538. The foreclosure sale of the

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property is scheduled for November 15, 2012. Plaintiffs stated that counsel for defendants were

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given notice and that the TRO papers were provided to them.

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A hearing is hereby set for 3:30 P.M. ON NOVEMBER 13 in Courtroom 8, 19th Floor.

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Defendants shall file a written response by 5:00 P.M. ON NOVEMBER 9. Plaintiffs must serve this

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order on defendants as soon as possible, but no later than close of business today.

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IT IS SO ORDERED.

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Dated: November 8, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE