Perry v. Bank of New York Mellon, et al

Filing 35

ADDENDUM TO ORDER DENYING TRO. Signed by Judge Richard Seeborg on 10/9/15. (cl, COURT STAFF) (Filed on 10/9/2015) Modified on 10/9/2015 (cl, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICKY PERRY,

Case No. 15-cv-03629-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ADDENDUM TO ORDER DENYING
TRO

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SELECT PORTFOLIO SERVICING, INC.,
et al.,
Defendants.

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After the order denying the application for a TRO was signed, plaintiff submitted a

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supplemental declaration asserting she had been compelled to wait until the last moment to bring

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her motion as a result of the general practice of lenders not to postpone foreclosure sales more

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than a day or two in advance. Assuming that is indeed the general practice of lenders, it would

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have been all the more appropriate for plaintiff to seek a preliminary injunction promptly upon

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filing this action. Such a motion could have been heard on an expedited basis, if necessary,

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without compressing the available time to the degree that waiting until the eve of the sale did. The

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fact that a lender might postpone a sale at the last minute would not deprive a plaintiff of the right

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to have a judicial determination of whether a preliminary injunction should issue where a sale is

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scheduled in the near future, and has not yet been voluntarily postponed. Plaintiff’s supplemental

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declaration therefore provides no basis to reconsider the order denying her motion for a TRO.

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IT IS SO ORDERED.

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Dated: October 9, 2015
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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15-cv-03629-RS