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).

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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

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