York -v- Bank of America, et al

Filing 53

ORDER DENYING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION WITHOUT PREJUDICE AND CONSOLIDATING HEARINGS. Defendant Champion's Motion to Dismiss Plaintiff's First Amended Complaint will now be heard on 11/20/2014 at 1:30 p.m. Signed by Judge Richard Seeborg on 10/20/2014. (mklS, COURT STAFF) (Filed on 10/20/2014) Modified on 10/20/2014 (mklS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIE YORK, et al., Case No. 14-cv-02471-RS Plaintiffs, 8 v. 9 10 BANK OF AMERICA, et al., Defendants. ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION WITHOUT PREJUDICE AND CONSOLIDATING HEARINGS United States District Court Northern District of California 11 12 Defendant Champion Mortgage Company has rescinded its notice of default and 13 foreclosure on Plaintiff Mr. Willie York’s home. In the absence of a threat of irreparable harm at 14 this time, plaintiffs’ motion for a preliminary injunction to stay the foreclosure sale of Mr. York’s 15 home is denied without prejudice. Champion is, however, ordered to provide plaintiffs and this 16 Court with two weeks’ advance notice prior to a recordation of notice and election to sell Mr. 17 York’s home. 18 In addition, the hearing on Champion’s motion to dismiss plaintiffs’ First Amended 19 Complaint originally set for November 6, 2014, is hereby consolidated with the hearing on 20 defendant Bank of America’s motion to dismiss in this matter, to be held on November 20, 2014. 21 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: October 20, 2014 ______________________________________ RICHARD SEEBORG United States District Judge

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