Nand et al v. Specialized Portfolio Servicing Inc., et al

Filing 12

ORDER GRANTING 4 Ex Parte Application and to Show Cause for Preliminary Injunction. Preliminary Injunction hearing will be heard on 8/4/2016 at 1:30 p.m. in Courtroom 5, 17th Floor before the Honorable Judge Edward M. Chen. Responsive papers due 7/26/2016; Replies due 7/29/2016. Signed by Judge Edward M. Chen on 7/18/2016. (afmS, COURT STAFF) (Filed on 7/18/2016)

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Matthew Mellen (Bar No. 233350)
Jessica Galletta (Bar No. 281179)
MELLEN LAW FIRM
411 Borel Avenue, Suite 230
San Mateo, CA 94402
Telephone:
[phone]
Facsimile:
(650) 638-01251
Attorney for Plaintiffs,
EVELYN NAND
SYKHANDRA NAND

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EVELYN NAND, an individual; SUKHANDRA
NAND, an individual;
Plaintiffs,

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vs.

CASE NO.:
[PROPOSED] ORDER GRANTING EX
PARTE APPLICATION AND TO
SHOW CAUSE FOR PRELIMINARY
INJUNCTION

SPECIALIZED PORTFOLIO SERVICING,
INC., a business entity; NATIONAL DEFAULT
SERVICING CORPORATION, a business
entity; and DOES 1 through 50, inclusive,
Defendants.

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Based on the Application, Points and Authorities, and supporting Declarations in the
moving papers, and for good cause shown, the Court finds that Plaintiffs have established good
cause for issuance of a Temporary Restraining Order.

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IT ORDERED that, sufficient reason having been shown therefore, pending the hearing
of plaintiff’s application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ., P., that
Defendant and its agents is temporarily restrained and enjoined from foreclosing upon the subject
property located at 6910 Jarvis Avenue, Newark, CA 94560 until further ruling from this Court.
The Temporary Restraining Order issued because Plaintiffs have shown a likelihood of prevailing
on their claims for violations of California Civil Code § 2923.6, California Civil Code § 2923. ,
and 12 C.F.R. 1024.41. Further, Plaintiffs have shown the likelihood of irreparable injury in the
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[PROPOSED] ORDER TO SHOW CAUSE

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absence of a Temporary Restraining Order, namely, the loss of their property through foreclosure.
IT IS FURTHER ORDERED that the above named Defendants show cause before a
motion term of this Court, at Room ___ ____, United States District Courthouse, on
1:30
August 4
____________________ ______, 2016 at ________p.m, or as soon thereafter as counsel

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may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of

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Civil Procedure enjoining the Defendant and its agents during the pendency of this action from

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foreclosing upon the subject property located at 6910 Jarvis Avenue, Newark, CA 94560.

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With respect to the hearing regarding a preliminary injunction, the Court further
ORDERS as follows:
The preliminary injunction hearing will be heard on: _________________________.
August 4, 2016 at 1:30 pm
n/a
Moving papers shall be filed by: ________________________.
July 26, 2016
Responsive papers are due by: __________________________.
July 29, 2016
Reply papers are due by: _____________________.

IT IS HEREBY SO ORDERED.

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DATED: July 18, 2016

_________________________
United States District Court Judge

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[PROPOSED] ORDER TO SHOW CAUSE