Diller v. Ditech Financial, LLC et al

Filing 11

TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION.Opposition to OSC filed by noon 8/26/16. Reply filed 8/29/16. Order to Show Cause Hearing set for 9/1/2016 08:00 AM. Signed by Judge Yvonne Gonzalez Rogers on 8/19/16. (fs, COURT STAFF) (Filed on 8/19/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ABIGAIL DILLER,

Case No. 16-CV-04755

Plaintiff,
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE: PRELIMINARY
INJUNCTION

8
v.
9
10

DITECH FINANCIAL LLC, ET AL.,

Re: Dkt. No. 4

Defendants.

United States District Court
Northern District of California

11
12
13

Plaintiff Abigail Diller has filed her Ex Parte Motion for Temporary Restraining Order.

14

(Dkt. No. 4.) Plaintiff’s counsel’s declaration indicates that she has given notice by facsimile to

15

defendants Ditech Financial LLC and Barrett, Daffin, Frappier, Treder, & Weiss, LLP. (Dkt. No.

16

4-1.)

17

Having reviewed the application for Temporary Restraining Order, the Memorandum of

18

Points and Authorities, the Declarations of Abigail Diller, Eunji Cho, and Jessica Galletta, and the

19

complaint filed herein, and good cause appearing, the Court GRANTS the Motion and ORDERS as

20

follows:

21

ORDER TO SHOW CAUSE

22

Defendants Ditech Financial LLC and Barrett, Daffin, Frappier, Treder, & Weiss, LLP are

23

ORDERED TO SHOW CAUSE why a preliminary injunction should not be entered against you to

24

restrain and enjoin you and your agents, assigns and/or transferees, from proceeding with the

25

foreclosure of the real property located at 2893 Regatta Drive, Oakland, California 94601, APN #

26

025-0738-033 (the “Subject Property”), encumbering or transferring any right, title, or interest in

27

the Subject Property, or taking any other enforcement actions, pending trial or further order of this

28

Court.

1

TEMPORARY RESTRAINING ORDER

2

Pending hearing on the Order to Show Cause, defendants Ditech Financial LLC and

3

Barrett, Daffin, Frappier, Treder, & Weiss, LLP, and their agents, assigns, and/or transferees, are

4

restrained and enjoined from proceeding with the foreclosure of the Subject Property,

5

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

6

enforcement actions.

7

IT IS FURTHER ORDERED THAT,

8

1.

Plaintiff 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 August

10

19, 2016 by 5:00 p.m. and by personal service by August 22, 2016. Proof of such

11
United States District Court
Northern District of California

9

service shall be filed no later than August 26, 2016.

12

2.

Any opposition to the Order to Show Cause shall be filed no later than 12:00 p.m.
on August 26, 2016.

13
14

3.

Any written reply shall be filed no later than August 29, 2016.

15

4.

Hearing on the Order to Show Cause for Preliminary Injunction shall be held on

16

September 1, 2016, at 8:00 a.m. in Courtroom 1, Federal District Courthouse,

17

1301 Clay Street, Oakland, California.

18

5.

19

The Court will entertain a modified schedule for briefing and hearing, and extension of the

20
21
22
23
24

The Court will reserve on the filing of an undertaking until the scheduled hearing.

Temporary Restraining Order, if presented by stipulation of the parties.
IT IS SO ORDERED.
Dated: August 19, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

25
26
27
28
2