Hafiz v. Nationstar Mortgage et al

Filing 33

ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION, OR IN THE ALTERNATIVE, MOTION TO DISMISS BRIEFING SCHEDULE. Signed by Judge Donato on 5/15/2014. (jdlc1, COURT STAFF) (Filed on 5/15/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ASHARFUN NISHA HAFIZ,

Case No. 14-cv-00015-JD

Plaintiff,
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v.
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NATIONSTAR MORTGAGE, et al.,
Defendants.

United States District Court
Northern District of California

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ORDER SETTING HEARING ON
MOTION FOR PRELIMINARY
INJUNCTION, OR IN THE
ALTERNATIVE, MOTION TO DISMISS
BRIEFING SCHEDULE

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Pursuant to the telephonic status conference held today, the Court orders Defendant

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Nationstar Mortgage, LLC to notify the Court by 9:00 a.m. on May 16, 2014, whether it will

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continue the foreclosure scheduled for May 19, 2014 on the property in dispute, 1160 Snyder Lane

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Walnut Creek, California 94598, for 31 days until June 16, 2014. If Nationstar agrees to delay

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foreclosure, the Court orders the following briefing schedule on Nationstar’s anticipated motion to

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dismiss. Nationstar will file its motion to dismiss by no later than May 19, 2014. Plaintiff will

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file an opposition by no later than June 2, 2014. Nationstar may file a reply no later than June 9,

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2014. A hearing on the motion is set for June 11, 2014 at 9:30 a.m. in Courtroom 11 on the 19th

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floor of the San Francisco Courthouse.

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If Nationstar declines to delay the foreclosure, the Court orders the parties to appear at a

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hearing on Plaintiff’s Motion for a Preliminary Injunction, (Dkt. No. 23), on May 19, 2014 at

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11:00 a.m. in Courtroom 11 on the 19th floor of the San Francisco Courthouse. As discussed

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during the status conference, the Court expects the parties to be prepared to address the basis for

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the Court’s subject matter jurisdiction over this case, specifically whether Plaintiff’s Fair Debt

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Collection Practices Act claims provide federal question jurisdiction, as well as whether diversity

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jurisdiction exists.

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Pending the hearing on May 19, 2014, if that is the track the case proceeds on, the Court

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temporarily restrains Nationstar from foreclosing on the property in dispute through 5:00 p.m. on

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May 19, 2014. Plaintiff, who is acting pro se, represented to the Court that this is her primary

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residence that houses multiple family members. Nationstar previously filed a Motion to Dismiss,

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(Dkt. No. 8), which was not ruled on by the Court, but represented to the Court that the subject

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$1,500,000 loan has been in foreclosure since 2009. In light of these facts, the Court finds that on

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balance, the hardships tip strongly in favor of Plaintiff, and accordingly, a short restraining order

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is warranted. See Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S. 423, 439 (1974)

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(purpose of a temporary restraining order is to preserve the status quo and prevent irreparable
harm “just so long as is necessary to hold a hearing, and no longer”). The Court will determine at

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United States District Court
Northern District of California

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the hearing on May 19, 2014 whether additional preservation time or measures are warranted.

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Plaintiff may wish to contact the Justice & Diversity Center Legal Help Center at the San

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Francisco Courthouse. The Legal Help Center is a free service offered by the Bar Association of

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San Francisco to provide information and limited-scope legal assistance to pro se litigants in civil

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cases. Help is provided by appointment only; the telephone number to request an appointment is

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[phone].

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IT IS SO ORDERED.
Dated: May 15, 2014
______________________________________
JAMES DONATO
United States District Judge

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