Nottebohm et al v. American Home Mortgage Investment Corp. et al

Filing 12

ORDER SETTING HEARING AND BRIEFING SCHEDULE ON 4 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Alsup on 9/24/2014. (whalc2, COURT STAFF) (Filed on 9/24/2014).

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
ANDREAS and TESS NOTTEBOHM,

11
For the Northern District of California

United States District Court

10

Plaintiffs,

12
13

No. C 14-04047 WHA

v.

16

AMERICAN HOME MORTGAGE
INVESTMENT CORP., MERSCORP
HOLDINGS, INC., DEUTSCHE BANK
AMERICAS HOLDING CORP., WELLS
FARGO BANK, N.A., and OCWEN
FINANCIAL CORPORATION,

17

Defendants.

14
15

ORDER SETTING HEARING
AND BRIEFING SCHEDULE ON
MOTION FOR TEMPORARY
RESTRAINING ORDER

/

18
19

Today, this action was reassigned to the undersigned judge. Yesterday, pro se plaintiffs

20

Andreas and Tess Nottebohm filed a motion for a temporary restraining order against their

21

eviction from their San Rafael property. According to plaintiffs’ declaration, defendant

22

Deutsche Bank Americas Holding Corp. has initiated an unlawful detainer action in Marin

23

County Superior Court, and that on September 18, 2014, the Marin County Sheriff’s Department

24

affixed a “Notice to Vacate” on plaintiffs’ door. Plaintiffs further declare that the “Notice to

25

Vacate” indicates that their eviction would occur on midnight of September 23, 2014, but that

26

they obtained from the Marin Superior Court a temporary stay of the eviction until September

27

30, 2014.

28

1

Accordingly, the undersigned judge will hear plaintiffs’ motion for a temporary

2

restraining order at 1 PM ON SEPTEMBER 29, 2014. Any opposition to the motion for a

3

temporary restraining order is due by 7 AM ON SEPTEMBER 29, 2014. If plaintiffs have not done

4

so already, they must serve defendants with complete copies of (1) this order; (2) plaintiffs’

5

motion for a temporary restraining order; and (3) plaintiffs’ summons and complaint, by no later

6

than SEPTEMBER 26, 2014. No relief will be granted until the hearing on September 29, 2014.

7
8

IT IS SO ORDERED.

9
Dated: September 24, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2