Feathers v. Bank of America , N.A. et al

Filing 31

ORDER granting 29 Request for Continuance of Order to Show Cause. IT IS HEREBY ORDERED that the hearing on the Order to Show Cause as to Why a Preliminary Injunction should not issue is continued to 11:00 a.m. on 2/18/2016. Defendants are to file written opposition to the motion no later than 4:00 p.m. on 2/9/2016. Plaintiff may file any reply not to exceed 6 pages by 2/15/2016. Signed by Judge Edward J. Davila on 1/26/2016. (ejdlc1S, COURT STAFF) (Filed on 1/26/2016)

Download PDF
2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION 9 10 MARK FEATHERS, Case No.5: 16-cv-00086-EJD 11 Plaintiff, 12 vs. {Proposed} ORDER GRANTING REQUEST FOR CONTINUANCE OF THE ORDER TO SHOW CAUSE 13 14 15 BANK OF AMERICA, N.A., WELLS FARGO BANK THROUGH ITS WHOLLY OWNED SUBSIDIARY WELLS FARGO HOME MORTGAGE, AND NBS DEFAULT SERVICES, LLC, Courtroom: 4 The Hon. Edward J. Davila Action Filed: Trial Date: January 7, 2016 None Set 16 Defendants. 17 18 Defendants Bank of America, N.A. and Wells Fargo Bank, N.A. have requested a 19 continuance on the Order to Show Cause as to Why a Preliminary Injunction should not issue. 20 The hearing is presently set for January 29, 2016, at 9:00a.m. 21 The Defendants have agreed that the temporary restraining order should remain in effect 22 until such time the hearing on the order should cause should be completed. Defendants have 23 requested two weeks to file their opposition to the order to show cause. In addition, Defendants 24 have represented to the court that the foreclosure sale has been postponed until March 29, 2016. 25 The court finds that the request for a continuance is reasonable so long as the temporary The court finds good cause for an extension of the TRO under FRCP 65(b)(2) due to Defendants' consent. 27 IT IS HEREBY ORDERED that the hearing on the Order to Show Cause as to Why a 11:00 a.m . on 28 Preliminary Injunction should not issue is continued to February _ _ , 2016. Defendants are to 18 26 restraining order remains in effect. 55000.1786/6414724.1 5: 16-cv-00086-EJD 1 file written opposition to the motion not to exceed 10 pages no later than 4:00p.m. on February 9 2 _ , 2016. Plaintiff may file any reply not to exceed 6 pages by February_, 2016. 15 3 IT IS FURTHER ORDERED that the temporary restraining order shall remain in effect 4 and Defendants are enjoined and shall not proceed with any trustee's sale of the real property 5 commonly known as 1520 Grant Road, Los Altos, California, 94024, which sale is currently set 6 for March 29,2016. 7 IT IS FURTHER ORDER that the temporary restraining order shall remain in effect until 8 24 hours after the continued hearing date set above unless otherwise modified by this court. 9 26 10 DATED: January_, 2016 at 8:30 a.m. 11 12 EDWARD J. DAVILLA JUDGE OF THE UNITED STATES DISTRICT COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55000.1786/6414724. I 2 5: 16-cv-00086-EJD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?