Bowman v. Wells Fargo Home Mortgage et al

Filing 36

ORDER CONVERTING 6/5 HEARING TO HEARING RE: PRELIMINARY INJUNCTION re 30 MOTION to Lift Stay re 15 Order, 29 Order, 21 Order Staying Case, Terminate Deadlines and Hearings (Defendant Wells Fargo Bank, N.A.'s Notice of Moti on and Motion to Dissolve Stay on Foreclosure) filed by Wells Fargo Bank, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (erroneously sued as Wells Fargo Home Mortgage). Signed by Judge Maria-Elena James on 6/4/2014. (cdnS, COURT STAFF) (Filed on 6/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTINE M BOWMAN,

Case No. 13-cv-05850-MEJ

Plaintiff,
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ORDER RE: MOTION TO DISSOLVE
STAY

v.
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WELLS FARGO HOME MORTGAGE, et
al.,

Re: Dkt. No. 30

Defendants.

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On June 3, 2014, Defendant Wells Fargo Bank N.A. filed a Motion to Dissolve Stay on

United States District Court
Northern District of California

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Foreclosure, with a noticed hearing date of June 5, 2014. Dkt. No. 30. Plaintiff Christine M.

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Bowman has filed an Opposition. Dkt. No. 33. The Court recognizes Defendant’s argument

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regarding the continued stay in this case. However, rather than focus on the parties’ positions on

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this issue, the Court would like the parties to focus their efforts on the merits of the case.

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Accordingly, the Court DENIES Defendant’s Motion WITHOUT PREJUDICE. To provide

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clarity regarding the foreclosure proceedings, the Court shall convert the June 5 hearing into a

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hearing regarding the issuance of a preliminary injunction. The parties shall come prepared to

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meaningfully discuss Plaintiff’s burden under Winter v. Natural Res. Def. Council, Inc., 555 U.S.

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7, 20 (2008), to show (1) that she is likely to succeed on the merits; (2) that she is likely to suffer

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irreparable harm in the absence of preliminary relief; (3) that the balance of equities tips in her

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favor; and (4) that an injunction is in the public interest.”

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The parties are informed that the Court shall not consider any motion for sanctions or
contempt related to this issue at this time.
IT IS SO ORDERED.

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Dated: June 4, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge