Duenas et al v. Freitas et al

Filing 47

ORDER by Judge ARMSTRONG denying 37 Motion for Preliminary Injunction (lrc, COURT STAFF) (Filed on 7/11/2013)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GERARD DUENAS, HAROLD GOLDMAN,

Case No: C 13-0836 SBA

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Plaintiffs,
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vs.
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ORDER DENYING PLAINTIFFS’
EMERGENCY REQUEST FOR
TEMPORARY INJUNCTION
DURING APPEAL

STEVEN FREITAS, AKA STEVE
12 FREITAS, in his Official and Private

Dkt. 37

Capacity, SONOMA COUNTY SHERIFF’S
13 DEPARTMENT, KATHRYN STRALEY in
her official and private capacity, DEUTSCHE
14 BANK, NATIONAL TRUST COMPANY,
MICHAEL S. AND MARY C.
15 BASKAUSKAS, DOES 1-15, Inclusive,
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Defendants.

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Plaintiffs Gerard Duenas (“Duenas”) and Harold Goldman (“Goldman”) previously

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filed the instant action to enjoin the eviction of Goldman from property rented to him by

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Duenas, who has since lost the property through non-judicial foreclosure. The Court

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dismissed the action on June 28, 2013.

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On July 5, 2013, Plaintiffs concurrently filed a Notice of Appeal with the Ninth

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Circuit, Dkt. 36, as well as an Emergency Request for Temporary Injunction During

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Appeal. Dkt. 37. In their request, Plaintiffs claim that on July 3, 2013, Defendants served

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a notice to vacate requiring them to vacate the premises by July 15, 2013. As a result,

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Plaintiffs seek an “emergency” stay of the eviction notice for a period of thirty-five days so

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that they can seek appropriate “urgent” relief from the Ninth Circuit.

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Instead of waiting for the Court’s ruling on their emergency request, on July 9, 2013,

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Plaintiffs filed an emergency request before the Ninth Circuit to stay the eviction. On July

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10, 2013, the Ninth Circuit summarily denied Plaintiffs’ motion. Duenas v. Freitas, Ninth

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Cir. Ct. of Appeal, No. 13-16372, Dkt. 4. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiffs’ Emergency Request for Temporary
Injunction During Appeal is DENIED as moot. This Order terminates Docket 37.
IT IS SO ORDERED.
Dated: July 10, 2013

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GERARD DUENAS et al,
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Plaintiff,

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v.

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STEVEN FREITAS et al,

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Defendant.
/

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Case Number: CV13-00836 SBA

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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 11, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Gerard Duenas
6285 Sonoma Highway 12
Santa Rosa, CA 95409
Harold Goldman
6285 Highway 12
Santa Rosa, CA 95409

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Dated: July 11, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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