Torbov v. Cenlar Agency, Inc

Filing 22

ORDER VACATING HEARING AND DIRECTING PLAINTIFF TO FILE REPLY. Signed by Judge Richard Seeborg on 2/28/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 2/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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TSVETAN TORBOV,

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Plaintiff,

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v.

No. C 14-0130 RS
ORDER VACATING HEARING AND
DIRECTING PLAINTIFF TO FILE
REPLY

CENLAR AGENCY, INC.,
Defendant.
____________________________________/

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A temporary restraining order (“TRO”) previously issued in this matter and a preliminary

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injunction hearing was set for March 6, 2014. Defendant has now opposed entry of a preliminary

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injunction, contending that plaintiff has not even alleged, and cannot demonstrate, any facts

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showing a fraud or a breach of contract, and therefore cannot establish the requisite likelihood of

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success on the merits.

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Defendant argues and offers evidence that it acted within its rights to declare plaintiff in

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default on his loan obligation and thereafter to refuse to accept partial payments. Although the

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complaint and TRO application were construed with great liberality for purposes of ruling on the

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TRO, plaintiff has presented few facts or evidence in support of his claims. Plaintiff is directed to

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file any reply to defendant’s opposition no later than March 6, 2014. Pursuant to Civil Local Rule
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No. C 14-0130 RS
ORDER

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7-1(b), the matter will then be taken under submission without oral argument. Accordingly, the

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hearing set for that date is hereby vacated.

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IT IS SO ORDERED.

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Dated: 2/28/14
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. C 14-0130 RS
ORDER