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

Filing 19

ORDER DENYING 4 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION.(whalc2, COURT STAFF) (Filed on 9/29/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANDREAS and TESS NOTTEBOHM,

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For the Northern District of California

United States District Court

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Plaintiffs,

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No. C 14-04047 WHA

v.

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

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Defendants.

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ORDER DENYING
MOTION FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION

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Prior to the commencement of this federal action, pro se plaintiffs had already been in

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state-court litigation with multiple defendants herein and have lost or, at a minimum, have had a

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full and fair opportunity to raise any and all issues now tendered in federal court. Through the

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limited appearance of Attorney Russell Marne, plaintiffs now seek a temporary restraining order

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and a preliminary injunction to prevent defendants from carrying out a state court eviction at the

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San Rafael property in question. All of this has been previously litigated in state court (or could

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have been). No new federal issue is now raised that could not have been addressed in state court

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(and the Truth in Lending Act claims were in fact raised in state court). As such, this federal

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action is nothing but a second bite at the apple.

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For the foregoing reasons, plaintiffs’ motion for a temporary restraining order and a

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preliminary injunction is DENIED. Please note that a case management conference has been

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scheduled for 11:00 AM ON DECEMBER 4, 2014, as stated in the Clerk’s notice filed earlier

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today (Dkt. No. 17).

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IT IS SO ORDERED.

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Dated: September 29, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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