Gens-v-Colonial Savings, F.A.

Filing 86

ORDER denying 76 Motion for Preliminary Injunction; finding as moot 79 Motion for Leave to File and Amended Complaint. (rmwlc2, COURT STAFF) (Filed on 9/3/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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LAURA ANN GENS and TIMOTHY GENS,
Plaintiffs,

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Case No. C-11-05526-RMW

v.
COLONIAL SAVINGS, F.A.; ASSOCIATED
BANK, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.

ORDER DENYING PRELMINARY
INJUCTION AND FINDING MOTION
FOR LEAVE TO FILE AN AMENDED
COMPLAINT MOOT

[Re Docket Nos. 76, 79]
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Defendants.

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Plaintiffs Laura and Timothy Gens move from a preliminary injunction enjoining

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"[d]efendants and their employees, agents, and persons acting with them or on their behalf from

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entering upon the Property located at N2403 Cisco Road, Lake Geneva WI." Dkt. No. 76. A

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preliminary injunction is an "extraordinary remedy" that requires plaintiffs to demonstrate that

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irreparable injury is likely. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 24 (2008).

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The plaintiffs filed a previous request for a preliminary injunction, Dkt. No. 30, which the court

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denied. Dkt. 45. Now, the court again finds that plaintiffs fail to meet the high bar required for a

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preliminary injunction.

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Plaintiffs have also moved the court for leave to file an amended complaint. As the court
has granted leave to amend some of plaintiffs' causes of action in its order on defendants' motions to
ORDER
Case No. C-11-05526-RMW
SW

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dismiss, the motion for leave to amend is moot. Consistent with the courts previous order, plaintiffs

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must file any amended complaint by September 26, 2013. Plaintiffs’ amended complaint may

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contain new allegations related to the recent break-ins.

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Dated: September 3, 2013

_________________________________
Ronald M. Whyte
United States District Judge

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United States District Court
For the Northern District of California

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ORDER
Case No. C-11-05526-RMW
SW

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