Gustin v. PHH Mortgage Corporation

Filing 22

ORDER DIRECTING DEFENDANT TO RESPOND TO 20 EX PARTE APPLICATION.Responses due by 10/29/2024.** 18 Ex Parte Application TERMINATED, Re-Filed as Docket No. 20 .** Signed by Judge Haywood S. Gilliam, Jr. on 10/25/2024. (ndr, COURT STAFF) (Filed on 10/25/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANDON LEE GUSTIN,
Plaintiff,

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v.

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PHH MORTGAGE CORPORATION,

ORDER DIRECTING DEFENDANT TO
RESPOND TO EX PARTE
APPLICATION
Re: Dkt. No. 21

Defendant.

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United States District Court
Northern District of California

Case No. 24-cv-02917-HSG

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Before the Court is Plaintiff’s amended ex parte application, Dkt. No. 20. The Court

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DIRECTS Defendant to file any opposition by 5:00 p.m. on Tuesday, October 29, 2024.

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Plaintiff Brandon Gustin filed his complaint against Defendant PHH Mortgage

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Corporation in May 2024. See Dkt. No. 1. Defendant filed a motion to dismiss. See Dkt. No. 4.

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After Plaintiff failed to timely oppose or otherwise respond to the motion, the Court ordered

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Plaintiff to show cause by October 23, 2024, why the case should not be dismissed for Plaintiff’s

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failure to prosecute, given Plaintiff’s failure to file a response to the motion by the deadline.

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See Dkt. No 17.

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On October 23, Plaintiff responded to the order to show cause and filed an ex parte

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application seeking to temporarily enjoin the foreclosure sale of the property located at 11 Benita

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Way, Martinez, California, 94533. See Dkt. Nos. 18, 19. The requested TRO would enjoin

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Defendant from foreclosing on the property as scheduled on Thursday, October 31, 2024. See

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Dkt. No. 18. Plaintiff then filed an amended ex parte application. See Dkt. No. 20. It is unclear

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why Plaintiff waited until one week before the foreclosure to file this application, as Plaintiff

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acknowledges that the writ of possession was posted on June 25, 2024. See id. at 4.

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//

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The Court thus DIRECTS Defendant to file any opposition to Plaintiff’s amended ex parte

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application, Dkt. No. 20, by 5:00 p.m. on Tuesday, October 29, 2024, at which time the motion

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will be submitted on the papers unless otherwise ordered.

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IT IS SO ORDERED.
Dated: October 25, 2024
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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