Fowler et al v. Wells Fargo Bank, N.A.

Filing 54

ORDER DENYING PLAINTIFFS' APPLICATION FOR PRELIMINARY INJUNCTION; VACATING TEMPRARY RESTRAINING ORDER; VACATING HEARING. Signed by Judge Maxine M. Chesney on November 14, 2018. (mmclc1, COURT STAFF) (Filed on 11/14/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID FOWLER, ET AL.,
Plaintiffs,

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v.

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United States District Court
Northern District of California

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Case No. 18-cv-01254-MMC

WELLS FARGO BANK, N.A.,
Defendant.

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ORDER DENYING PLAINTIFFS'
APPLICATION FOR PRELIMINARY
INJUNCTION; VACATING TEMPRARY
RESTRAINING ORDER; VACATING
HEARING

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Before the Court is plaintiffs' application for a preliminary injunction.1 Defendant

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has filed opposition, to which plaintiffs have replied. Having read and considered the

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papers filed in support of and in opposition to application, the Court finds the matter

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suitable for decision thereon, VACATES the hearing scheduled for November 16, 2018,

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and rules as followed.

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By order filed concurrently herewith, the Court has granted defendant's motion to

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dismiss plaintiffs' claims without leave to amend. In light thereof, plaintiffs cannot

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establish they are "likely to succeed on the merits," see Winter v. Natural Res. Def.

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Council, Inc., 555 U.S. 7, 24 (2008) (setting forth requirements to obtain preliminary

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injunction), or, alternatively, that "serious questions going to the merits" exist, see

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Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011) (setting

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On February 27, 2018, plaintiffs filed an "Ex Parte Application for Temporary
Restraining Order," in which application plaintiffs included a request for a preliminary
injunction. By order filed the same date, the Court granted the application for a
temporary restraining order and directed defendant to show cause why a preliminary
injunction should not issue.

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forth "alternative" test on which plaintiff seeking preliminary injunction may rely).
Accordingly, the application is hereby DENIED, and the temporary restraining
order previously issued is hereby VACATED.
IT IS SO ORDERED.

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Dated: November 14, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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