Linda C. Reed v. Wilmington Trust, National Association et al

Filing 23

ORDER HOLDING IN ABEYANCE 11 Ex Parte MOTION for Temporary Restraining Order; AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS. Signed by Judge Jeffrey S. White on 5/4/16. (jjoS, COURT STAFF) (Filed on 5/4/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDA C. REED,
Plaintiff,

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v.

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WILMINGTON TRUST, N.A., et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 16-cv-01933-JSW
ORDER HOLDING IN ABEYANCE
MOTION FOR A TEMPORARY
RESTRAINING ORDER AND SETTING
BRIEFING SCHEDULE ON MOTION
TO DISMISS
Re: Docket Nos. 6, 11

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On May 4, 2016, the parties appeared before this Court for a hearing on Plaintiff’s motion

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for a temporary restraining order. During the hearing, Defendants represented, through counsel,

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that they would be willing to postpone the Trustee’s Sale scheduled for May 9, 2016 to June 6,

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2016, so that the Court could consider their motion under the current procedural posture of the

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case. Plaintiff, through counsel, stated that she would be willing to allow the Court to hold her

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motion for a temporary restraining order in abeyance during that time.

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At the hearing, the Court exhorted, but did not require, the parties to reach an agreement

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about an interim payment during this time. The Court reiterates that this Order is based on the

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parties representations that Defendants will be willing to postpone the Trustee’s Sale and

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Plaintiff’s representation that she is willing to hold the motion for a temporary restraining order in

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abeyance. This Order is not conditioned upon the parties reaching an agreement on an interim

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payment.

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Accordingly, pursuant to the representations of counsel, the Court HOLDS IN

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ABEYANCE Plaintiff’s motion for a temporary restraining order. The Court set a hearing on

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De
efendants’ motion to dism for June 3, 2016, at 9:00 a.m.1 Plaintiff’s o
m
miss
e
t
opposition to the motion
o

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to dismiss is du on May 13, 2016, and Defendants reply shal be due on M 20, 201
d
ue
d
s’
ll
May
16.

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The Co shall con
ourt
nsider both th motion to dismiss and the motion for a tempo
he
o
d
n
orary

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res
straining order at the hea
aring on June 3, 2016. If the Court fi
e
f
finds either m
motion, or bo suitable
oth,

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for disposition without oral argument, it shall notif the parties in advance of the heari date.
r
l
fy
s
ing
IT IS SO ORDER
S
RED.

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Da
ated: May 4, 2016

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JE
EFFREY S. W
WHITE
Un
nited States D
District Judg
ge

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United States District Court
Northern District of California

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Defend
dants will re-notice that hearing by cl
h
lose of busin today. W Plainti
ness
With
iff’s consent,
ma incorporat by referen into their prior motio the argum regardin the substi
ay
te
nce
r
on
ment
ng
itution of
We
estern Progre
essive as tru
ustee.
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