Nardico v. J.P. Morgan Chase & Company, Inc. et al

Filing 8

ORDER by Judge Hamilton denying 2 Motion for TRO (pjhlc1, COURT STAFF) (Filed on 9/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRIO NARDICO,
Plaintiff,

No. C 12-4891 PJH

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For the Northern District of California

United States District Court

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v.
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J.P. MORGAN CHASE & COMPANY,
INC., et al.,

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ORDER DENYING APPLICATION
FOR TEMPORARY RESTRAINING
ORDER

Defendants.
_______________________________/

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Plaintiff Darrio Nardico filed the complaint in the above-entitled action on September

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19, 2012, challenging the impending non-judicial foreclosure sale of certain real property

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located in Brisbane, California. The property is subject to a loan secured by a promissory

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note and deed of trust. In a declaration filed at the same time as the complaint, plaintiff

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asserts that the trustee’s sale “has been set for September 7, 2012.” He also indicates that

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“[t]he date is currently on bankruptcy hold.”

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Also on September 19, 2012, plaintiff filed an “ex parte” application for a temporary

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restraining order (“TRO”), seeking to prevent defendants from conducting the foreclosure

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sale. The motion is DENIED, without prejudice to refiling if certain requirements are met.

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First, plaintiff must serve defendants with a copy of the summons and complaint in

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accordance with Federal Rule of Civil Procedure 4. Alternatively, if plaintiff believes he can

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establish good cause for proceeding without notice to defendants, he (or his counsel, if

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represented) must file a declaration in accordance with Federal Rule of Civil Procedure

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65(b). Second, plaintiff must submit a memorandum of points and authorities that cites

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the relevant Federal Rules of Civil Procedure, and that presents an argument in

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accordance with appropriate standards. See Winter v. Natural Resources Defense

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Council, Inc., 555 U.S. 7, 22 (2008); Alliance for Wild Rockies v. Cottrell, 632 F.3d 1127,

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1131-32 (9th Cir. 2011). Third, plaintiff must submit a proposed order that complies with

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Civil Local Rule 65-1(c).

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IT IS SO ORDERED.

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Dated: September 19, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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