JPMorgan Chase Bank, N.A. v. Oregon Park Senior Apartments Cooperative

Filing 43

ORDER RE APPOINTMENT OF TEMPORARY RECEIVER AND INSTRUCTIONS TO OPSA DEFENDANTS. Signed by Judge JEFFREY S. WHITE on 3/25/15. (jjoS, COURT STAFF) (Filed on 3/25/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JPMORGAN CHASE BANK NA,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 15-00536 JSW

v.
OREGON PARK SENIOR APARTMENTS
COOPERATIVE, et al.,

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Defendants.
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ORDER RE APPOINTMENT OF
TEMPORARY RECEIVER
AND INSTRUCTIONS TO OPSA
DEFENDANTS

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Now before the Court is the motion to appoint a temporary receiver, brought by

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Defendants Oregon Park Senior Apartments Cooperative, Douglas Butler, and Andre Nibbs

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(“the OPSA Defendants”). Defendants Juanita Edington, Kevin Wiggins, Dale Anders, William

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Tiller,1 and Kenneth AKA Aja Feseah Jackson oppose the motion (“the Pro Se Defendants”).

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Plaintiff has filed a notice of non-opposition. The Court finds this matter suitable for

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disposition without oral argument and therefore VACATES the hearing scheduled for March

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27, 2015. See Civil L.R. 7-1(b).
This matter arises from an interpleader action filed by Plaintiff JPMorgan Bank relating

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to freezes on deposit accounts held by the OPSA Board. On March 13, 2015, the OPSA

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Defendants filed an ex parte application for an order shortening time on this motion. The OPSA

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Defendants argued that their motion required a prompt resolution because: (1) the freezes on

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OPSA’s bank accounts impede OPSA’s ability to pay its bills; (2) the Pro Se Defendants have

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On March 18, 2015, Plaintiff filed a notice of voluntary dismissal without prejudice
of Defendant William Tiller.
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allegedly refused to pay rent, denying OPSA a source of income; (3) a neutral third party was

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needed before the next Board election on March 28, 2015; and (4) this dispute was creating an

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unreasonable amount of work for the current Board members. After the time for opposition to

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the ex parte application had passed, the Court granted the OPSA Defendants’ request.

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In the reply to this motion, filed on March 24, 2015, the OPSA Defendants represented

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that they have cancelled the election previously scheduled for March 28, 2015. Thus, the most

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pressing exigency appears no longer to impact this issue. However, the Court agrees that OPSA

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requires some mechanism by which to pay its bills.

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Accordingly, the Court is inclined to TENTATIVELY GRANT the motion to appoint a
temporary receiver. However, the Court agrees with the Pro Se Defendants that they should

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For the Northern District of California

United States District Court

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have an opportunity to give input with respect to the identity of this neutral third party.

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Therefore, both groups of Defendants are ORDERED to meet and confer regarding the identity

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of any receiver, and to submit a mutually agreeable suggestion to the Court by no later than

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April 3, 2015. If the parties are unable to resolve this matter through the meet and confer

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process, the Court will refer this matter to a randomly assigned Magistrate Judge for a report

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and recommendation. Because the Pro Se Defendants are not e-filers and the vacated hearing

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is in two days, the OPSA Defendants shall serve this Order on the Pro Se Defendants by hand,

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and file a proof of service with the Court.

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IT IS SO ORDERED.

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Dated: March 25, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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