Cruz et al v. JP Morgan Chase Bank, National Association et al

Filing 7


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 ARMIE CUA CRUZ; and FLORO LORENZO CRUZ, JR., 8 9 United States District Court For the Northern District of California 10 11 12 13 ORDER REGARDING PLAINTIFFS’ EMERGENCY EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER (Docket No. 3) Plaintiffs, 6 7 No. C 12-3219 CW v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, as successor in interest to WASHINGTON MUTUAL BANK F.A.; QUALITY LOAN SERVICE CORPORATION; CALIFORNIA RECONVEYANCE COMPANY; and DOES 1-100, Defendants. ________________________________/ Plaintiffs Armie Cua Cruz and Floro Lorenzo Cruz, Jr. have 14 submitted an emergency ex parte application for a temporary 15 restraining order and preliminary injunction. Plaintiffs seek to 16 prevent Defendant JP Morgan Chase Bank, National Association, its 17 agents, employees, successors, attorneys and all persons in active 18 concert and participation with it from engaging in any act to 19 deprive Plaintiffs of, or foreclose upon, the real property 20 located at 23 Pinnacle Street in South San Francisco, California, 21 including by enforcing a writ of possession on June 21, 2012. 22 23 24 25 26 27 28 Plaintiffs have not made a sufficient showing to obtain an ex parte temporary restraining order. Among other things, Plaintiffs have not submitted evidence supporting the existence of a writ of possession for the subject property or that Defendant intends to enforce such a writ on June 21, 2012. 1 The Court will defer ruling on Plaintiffs’ motion until 2 Defendant has an opportunity to respond. 3 proof of the date and time that they has served Defendant with 4 their complaint, motion for a temporary restraining order, 5 supporting declaration and exhibits and this Order. 6 shall file a response to Plaintiffs’ motion for a temporary 7 restraining order by 12:00 p.m. three court days after it has been 8 served with the aforementioned documents. 9 wish, file a reply by 12:00 p.m. the following court day. United States District Court For the Northern District of California 10 Plaintiffs must file Defendant Plaintiffs may, if they The Court will take the matter under submission on the papers 11 and schedule a hearing on Plaintiffs’ motion for a preliminary 12 injunction as appropriate. 13 IT IS SO ORDERED. 14 15 16 Dated: 6/21/2012 CLAUDIA WILKEN United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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