Diaz v. World Savings & Loan Association et al

Filing 13

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Jeremy Fogel on November 30, 2010.

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Diaz v. World Savings & Loan Association et al Doc. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 **E-Filed 11/30/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ESMERALDA DIAZ, v. Plaintiff, Case Number 5:10-04909 JF (PVT) ORDER1 DENYING MOTION FOR PRELIMINARY INJUNCTION [Re: Docket No. 2] WORLD SAVINGS & LOAN; NDEX WEST, LLC, Defendants. Plaintiff seeks a preliminary injunction to prevent Defendants from foreclosing upon and selling her real property located at 2460 Shilshone Circle San Jose, California 95121. Plaintiff filed the instant motion and an ex parte application for a temporary restraining order on October 29, 2010. The application for a temporary restraining order was denied on November 3, 2010. The property in question was sold at a trustee's sale on November 5, 2010, and the trustee's deed was recorded on November 15, 2010. Accordingly, Plaintiff's motion appears to be moot. Plaintiff has not replied to Defendants' opposition brief and has not otherwise disputed that the foreclosure has occurred. This disposition is not designated for publication in the official reports. Case Number 5:10-04909 JF (PVT) ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION (JFLC1) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Under the circumstances, the Court finds that the instant motion is suitable for determination without oral argument pursuant to Civil L. R. 7-1(b). Good cause therefor appearing, IT IS HEREBY ORDERED that the motion for preliminary injunction is DENIED as moot. DATED: November 30, 2010 ____________________________ JEREMY FOGEL United States District Judge 2 Case Number 5:10-04909 JF (PVT) ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION (JFLC1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A copy of this order has been sent to: Esmeralda Diaz 2460 Shilshone Circle San Jose, CA 95121 3 Case Number 5:10-04909 JF (PVT) ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION (JFLC1)

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