Barnes v. Homeward Residential, Inc. et al

Filing 16

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE AND FOR PRELIMINARY INJUNCTION. Order to Show Cause Hearing set for 8/9/2013 10:00 AM. Show Cause Response due by 8/2/2013. Reply due by 08/07/2013. Signed by Judge Samuel Conti on 07/26/2013. (tmi, COURT STAFF) (Filed on 7/26/2013)

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Michael Yesk (SB#130056)
Megan Dailey (SB#221574)
70 Doray Drive, Suite 16
Pleasant Hill, CA 94523
925-849-5525
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

SC

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)
)
)
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PLAINTIFF,
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)
)
VS.
)
)
HOMEWARD RESIDENTIAL, INC.; DEUTSCHE )
BANK NATIONAL TRUST COMPANY; MORTGAGE )
ELECTRONIC REGISTRATION SYSTEMS,
)
INC.; POWER DEFAULT SERVICES, INC.;
)
FIDELITY NATIONAL TITLE COMPANY; AND )
DOES 1 THROUGH 100, INCLUSIVE,
)
)
)
DEFENDANTS.
_____________________________________

Case: 3:13-cv-03227-EDL

NUMA BARNES, AN INDIVIDUAL,

[Proposed] TEMPORARY RESTRAINING
ORDER AND ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTION SHOULD NOT
ISSUE AND FOR PRELIMINARY INJUNCTION

DATE: July 23, 2013
TIME: 9:00 am
CTRM: E, 15th Floor

Samuel Conti
Hon. Judge Elizabeth D. Laporte

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Plaintiff applies for issuance of a Temporary Restraining Order and
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Preliminary

Injunction,

enjoining

and

preventing

Defendants

HOMEWARD

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RESIDENTIAL, INC.; DEUTSCHE BANK NATIONAL TRUST COMPANY; MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC.; POWER DEFAULT SERVICES, INC.; FIDELITY NATIONAL
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TITLE COMPANY; AND DOES 1 THROUGH 100, INCLUSIVE, and each of them, and their
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agents, assigns, and/or transferees, from completing the foreclosure of the
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real property located at 30 Vernal Court, Alamo, CA 94507, APN No. 192-36026
[Proposed] ORDER
- 1

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003-3.

If a Temporary Restraining Order and Preliminary Injunction are not

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granted,

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harmed as a result.

Plaintiff

will

lose

their

residence.

They

will

be

irreparably

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The Court, having reviewed the application for Temporary Restraining
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Order and Preliminary Injunction, the Memorandum of Points and Authorities,
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the Declaration of Megan Dailey, and all other documents on file herein,
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IT IS HEREBY ORDERED THAT:

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Defendants

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from completing the foreclosure of the real properties located at 30 Vernal
Court, Alamo, CA 94507, APN No. 192-360-003-3, encumbering or transferring
any

right,

interest

in

the

property,

or

taking

any

other

The hearing for the request for Preliminary Injunction shall be heard

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in Ctrm E of the above-entitled Court at 10 00 _.m., on August ____, 2013.
__:__ a
August 2, 2013
Defendants shall file their Opposition, if any, by July __, 2013.

August 7, 2013

Plaintiffs shall file their Reply brief, if any, by July ___, 2013.
Other Orders:

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July ___, 2013

RT
U
O

Dated:

S DISTRICT
TE
C
TA

______________________________________
CHIEF MAG. JUDGE ELIZABETH D. LAPORTE

nti

muel Co

NO

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or

Court.

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title,

enforcement actions, until trial is complete, or until further Order of this

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DEFAULT

INCLUSIVE, and their agents, assigns and/or transferees, are hereby enjoined

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POWER

TRUST

SERVICES, INC.; FIDELITY NATIONAL TITLE COMPANY; AND DOES 1 THROUGH 100,

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INC.;

a
Judge S

RT

[Proposed] ORDER

ER

H

- 2

R NIA

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SYSTEMS,

NATIONAL

FO

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REGISTRATION

BANK

LI

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ELECTRONIC

DEUTSCHE

A

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MORTGAGE

INC.;

S

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COMPANY;

RESIDENTIAL,

UNIT
ED

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HOMEWARD

N

D IS T IC T
R

OF

C