Rothman v. U.S. Bank National Association et al

Filing 28

ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION, CONSTRUED AS MOTION FOR PRELIMINARY INJUNCTION. The Court construes plaintiff's motion as a motion for a preliminary injunction and continues the hearing to October 4, 2013. Signed by Judge Maxine M. Chesney on August 29, 2013. (mmclc2, COURT STAFF) (Filed on 8/29/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MARSHAL ROTHMAN,
No. C 13-3381 MMC
Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION &
OLD REPUBLIC DIVERSIFIED SERVICES,
INC. d/b/a OLD REPUBLIC DEFAULT
MANAGEMENT SERVICES,

ORDER CONTINUING HEARING ON
PLAINTIFF’S MOTION, CONSTRUED
AS MOTION FOR PRELIMINARY
INJUNCTION

Defendants.

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Before the Court is plaintiff’s “Ex Parte Motion for Temporary Restraining Order and

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Order to Show Cause,” filed August 28, 2013 and noticed for hearing on August 30, 2013,

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by which motion plaintiff seeks a temporary restraining order enjoining defendants from

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conducting a non-judicial foreclosure of his property. Plaintiff has not asserted defendants

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have noticed a sale of his property or otherwise shown that any claimed irreparable injury is

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imminent.

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Accordingly, the Court finds plaintiff has failed to show the matter should be heard

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on two day’s notice; rather, the hearing on plaintiff’s motion, construed as a motion for a

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preliminary injunction, is hereby CONTINUED to October 4, 2013, and the briefing

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deadlines set forth in Civil Local Rule 7-3 shall apply thereto.1

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IT IS SO ORDERED.

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Dated: August 29, 2013
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MAXINE M. CHESNEY
United States District Judge

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Should circumstances change, plaintiff may file a motion to shorten time pursuant
to Civil Local Rule 6-3.