Tuck et al v. Wells Fargo Home Mortgage

Filing 39

Order by Magistrate Judge Donna M. Ryu denying 38 Ex Parte Application for Temporary Restraining Order.(dmrlc1, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT TUCK, et al.,

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Plaintiffs,

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ORDER DENYING APPLICATION FOR
TEMPORARY RESTRAINING ORDER

v.
WELLS FARGO HOME MORTGAGE, et
al.,

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Defendants.
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On October 9, 2012, Plaintiffs Robert Tuck and Patricia Berkowitz filed an ex parte
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application for a Temporary Restraining Order (“TRO”) prohibiting the sale of real property located
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at 6349 Greenridge Court, Martinez, California 94553 (“the property”). [Docket No. 38.]
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Essentially, Plaintiffs ask the court to extend the TRO that this court previously granted on August
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24, 2012, which barred Defendants, as well as their agents, assigns, and those acting in concert with
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Defendants, from selling, foreclosing, or otherwise alienating the property, and ordered Defendants
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to show cause why a preliminary injunction should not be ordered. [Docket No. 27.] However, that
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TRO expired on September 7, 2012, and the parties stipulated to continue the hearing on the order to
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show cause to November 29, 2012. [Docket Nos. 36, 37.] Therefore, there is no TRO in place to
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extend. Accordingly, Plaintiffs’ application is DENIED.
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S

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Judge D

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DONNA M. RYU
United States Magistrate na M. Ryu
Judge

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ERED
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IT IS S

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Dated: October 10, 2012
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ISTRIC
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IT IS SO ORDERED.
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UNIT
ED

For the Northern District of California

United States District Court

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No. C 12-04002 DMR

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