Taimani et al v. Residential Mortgage Loan Trust 2013-TT2 et al

Filing 81

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CASUE RE: PRELIMINARY INJUNCTION by Judge Yvonne Gonzalez Rogers granting 76 Motion for TRO. Show Cause Response due by 5/2/2017. Reply filed 5/5/17. Order to Show Cause Hearing set for Wednesday, 5/10/2017 01:00 PM.(fs, COURT STAFF) (Filed on 4/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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OFA TAIMANI & ELIZABETH KIOA,
Plaintiffs,
vs.
U.S. BANK, N.A., as Legal Title Trustee for
the RESIDENTIAL MORTGAGE LOAN TRUST
2013-TT2; WELLS FARGO BANK, N.A., as
Certificate Trustee for the Registered
Holders of VNT Trust Series 2010-2; and
DOES 1 THROUGH 10, INCLUSIVE,

Case No. 16-cv-2992-YGR
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE: PRELIMINARY
INJUNCTION
Re: Dkt. No. 76

Defendants.

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Plaintiffs Ofa Taimani and Elizabeth Kioa (“Plaintiffs”) have filed an Ex Parte Motion for

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Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not

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Issue. (Dkt. No. 76.) Plaintiffs’ counsel’s declaration indicates that he has given notice by

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U.S.P.S. First Class Mail, e-mail, and phone to defendants on April 26, 2017. (Dkt. No. 76-3,

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Declaration of Arasto Farsad at 2.)

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Having reviewed the application for Temporary Restraining Order and Order to Show

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Cause Re Preliminary Injunction, the Memorandum of Points and Authorities, the Declaration of

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Ofa Kioa and Elizabeth Taimani (Dkt. 76-2), the second amended complaint, other filings in this

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case, and good cause appearing, the Court GRANTS the Motion and ORDERS as follows:

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ORDER TO SHOW CAUSE
Defendants U.S. Bank, N.A, as Legal Title Trustee for the Residential Mortgage Loan

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Trust 2013-TT2; Wells Fargo Bank , N.A., as Certificate Trustee for the Registered Holders of

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VNT Trust Series 2010-2; et al. (“Defendants”) are ORDERED TO SHOW CAUSE why a

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preliminary injunction should not be entered against you to restrain and enjoin you and your

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agents, assigns and/or transferees, from proceeding with the foreclosure of the real property

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located at 26893 Boca Raton Court, Hayward, CA, 94545, APN: 2006103066 (the “Subject

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Property”), encumbering or transferring any right, title, or interest in the Subject Property, or

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taking any other enforcement actions, pending trial of this action or further order of this Court.

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TEMPORARY RESTRAINING ORDER

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Pending hearing on the Order to Show Cause, Defendants and their agents, assigns and/or

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transferees, are restrained and enjoined from proceeding with the foreclosure of the real property

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located at 26893 Boca Raton Court, Hayward, CA, 94545, APN: 2006103066, encumbering or

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transferring any right, title, or interest in the Subject Property, or taking any other enforcement

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actions.

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IT IS FURTHER ORDERED THAT,
1. Plaintiffs shall serve this Temporary Restraining Order and Order to Show Cause on
Defendants forthwith by email and/or facsimile and in no event later than no later than

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United States District Court
Northern District of California

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April 27, 2017 by 5:00 p.m. and by personal service by April 28, 2017. Proof of such

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service shall be filed no later than April 28, 2017.

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2. Any opposition to the Order to Show Cause shall be filed no later than May 2, 2017.

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3. Any written reply shall be filed no later than May 5, 2017.

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4. Hearing on the Order to Show Cause for Preliminary Injunction shall be held on May 10,

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2017 at 1:00 p.m. in Courtroom 1, Federal District Courthouse, 1301 Clay Street,

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Oakland, California.

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The Court will entertain a modified schedule for briefing and hearing, and extension of the
temporary restraining order, if presented by stipulation of the parties.

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IT IS SO ORDERED.
Dated: April 27, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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