Shreeve v. Capital One N.A. et al

Filing 7

ORDER by Judge Yvonne Gonzalez Rogers denying 5 Motion for TRO (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 5/22/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 LYMAN SIDNEY SHREEVE, JR., Plaintiff, 5 6 7 Case No.: 12-CV-02293 YGR ORDER DENYING MOTION OF TIMOTHY HUBBS FOR A TEMPORARY RESTRAINING ORDER vs. CAPITAL ONE N.A. et al., 8 Defendant(s). 9 10 Non-party Timothy Hubbs has filed a Motion for a Temporary Restraining Order (“TRO”) to Northern District of California United States District Court 11 prevent an eviction from taking place. This is a wrongful foreclosure case. Mr. Hubbs, who is not a 12 party to this action, is a tenant on the property at issue here. The motion states that Defendants have 13 provided an eviction notice with less than 90 days notice. There is no indication of when the eviction 14 will take place. 15 For the reasons set forth below, the Court DENIES Timothy Hubbs’ Motion for a Temporary 16 Restraining Order. 17 Rule 65 of the Federal Rules of Civil Procedure requires that actual notice must be given to the 18 opposing party of the intention to seek a TRO, the date and time for the hearing and the nature of the 19 relief requested. Unless notice is provided, the moving party must provide a certified showing of 20 extraordinary circumstances why such notice could not have been given. Reno Air Racing Ass’n, Inc. 21 v. McCord, 452 F.3d 1126, 1131-32 (9th Cir. 2006). Here, the Court has not been provided with any 22 declaration showing why such notice could not have been given. Additionally, there is no indication 23 of when the eviction will take place so as to justify the emergency relief requested. A TRO is a 24 drastic remedy and accordingly can only be given under proper circumstances. 25 This Order Terminates Docket Number 5. 26 27 28 IT IS SO ORDERED. Date: May 22, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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