York -v- Bank of America, et al

Filing 19

ORDER EXTENDING TEMPORARY RESTRAINING ORDER. Preliminary Injunction Hearing set for 7/1/2014 10:00 AM. Signed by Judge Richard Seeborg on 6/17/14. (cl, COURT STAFF) (Filed on 6/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE YORK,
Plaintiff,

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Case No. 14-CV-02471 RS

v.

ORDER EXTENDING TEMPORARY
RESTRAINING ORDER

BANK OF AMERICA, CHAMPION
MORTGAGE and DOES 1-50, inclusive,
Defendants.

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On June 3, 2014, defendants Bank of America and Champion Mortgage were temporarily
restrained and enjoined from initiating foreclosure proceedings on a property owned by plaintiff
Willie York located at 80 Conkling Street, San Francisco, California. (ECF No. 11). Defendants
were further ordered to show cause why a preliminary injunction should not issue upon
expiration of the temporary restraining order. Id. Defendants did not appear at today’s hearing
on plaintiff’s motion for a preliminary injunction, nor have they filed any written opposition to
plaintiff’s request for preliminary relief.
There is good cause to extend the temporary restraining order for an additional fourteen
days. Fed. R. Civ. P. 65(b)(2). In particular, the extension will help ensure that defendants are
properly notified of these proceedings and that the parties are prepared for the preliminary

14-cv-02471 RS TRO EXTENSION ORDER

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injunction hearing. See Cuin v. Prudential Life Ins. Co., 2008 WL 5273089 (D. Colo. Dec. 10,

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2008) (“Although Rule 65(b)(2) does not define ‘good cause,’ courts have found an extension is

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warranted where, despite the diligence of the parties, additional time is necessary to prepare for a

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preliminary injunction hearing.”) (citations omitted).

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The temporary restraining order entered June 3, 2014 is hereby extended for fourteen

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days. Defendants are, again, ordered to show cause why a preliminary injunction should not

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issue upon dissolution of the temporary restraining order. The preliminary injunction hearing

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will be held at 10:00 a.m. on Tuesday, July 1, 2014 in Courtroom 3, 17th Floor, Phillip Burton

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Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, in San Francisco, California,

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unless the parties agree to postpone the hearing with the court’s consent. Defendants are ordered

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to file a written response by Thursday, June 26, 2014.

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Plaintiff is ordered to file supplemental declarations by Thursday, June 19, 2014 showing

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that, in accordance with Rule 4 of the Federal Rules of Civil Procedure, defendants have been

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adequately served with a summons and a copy of the complaint.

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IT IS SO ORDERED.

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DATED: 06/17/2014 at 10:15 a.m.

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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14-cv-02471 TRO EXTENSION ORDER