Diller v. Ditech Financial, LLC et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ABIGAIL DILLER,
Case No. 16-CV-04755
Plaintiff,
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE: PRELIMINARY
INJUNCTION
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v.
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DITECH FINANCIAL LLC, ET AL.,
Re: Dkt. No. 4
Defendants.
United States District Court
Northern District of California
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Plaintiff Abigail Diller has filed her Ex Parte Motion for Temporary Restraining Order.
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(Dkt. No. 4.) Plaintiff’s counsel’s declaration indicates that she has given notice by facsimile to
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defendants Ditech Financial LLC and Barrett, Daffin, Frappier, Treder, & Weiss, LLP. (Dkt. No.
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4-1.)
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Having reviewed the application for Temporary Restraining Order, the Memorandum of
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Points and Authorities, the Declarations of Abigail Diller, Eunji Cho, and Jessica Galletta, and the
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complaint filed herein, and good cause appearing, the Court GRANTS the Motion and ORDERS as
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follows:
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ORDER TO SHOW CAUSE
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Defendants Ditech Financial LLC and Barrett, Daffin, Frappier, Treder, & Weiss, LLP are
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ORDERED TO SHOW CAUSE why a preliminary injunction should not be entered against you to
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restrain and enjoin you and your agents, assigns and/or transferees, from proceeding with the
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foreclosure of the real property located at 2893 Regatta Drive, Oakland, California 94601, APN #
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025-0738-033 (the “Subject Property”), encumbering or transferring any right, title, or interest in
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the Subject Property, or taking any other enforcement actions, pending trial or further order of this
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Court.
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TEMPORARY RESTRAINING ORDER
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Pending hearing on the Order to Show Cause, defendants Ditech Financial LLC and
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Barrett, Daffin, Frappier, Treder, & Weiss, LLP, and their agents, assigns, and/or transferees, are
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restrained and enjoined from proceeding with the foreclosure of the Subject Property,
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encumbering or transferring any right, title, or interest in the Subject Property, or taking any other
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enforcement actions.
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IT IS FURTHER ORDERED THAT,
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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
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19, 2016 by 5:00 p.m. and by personal service by August 22, 2016. Proof of such
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United States District Court
Northern District of California
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service shall be filed no later than August 26, 2016.
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2.
Any opposition to the Order to Show Cause shall be filed no later than 12:00 p.m.
on August 26, 2016.
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3.
Any written reply shall be filed no later than August 29, 2016.
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4.
Hearing on the Order to Show Cause for Preliminary Injunction shall be held on
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September 1, 2016, at 8:00 a.m. in Courtroom 1, Federal District Courthouse,
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1301 Clay Street, Oakland, California.
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5.
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The Court will entertain a modified schedule for briefing and hearing, and extension of the
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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
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