Mitcham et al v. Nationstar Mortgage, LLC et al

Filing 20

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 2/2/2010. Denying 10 Motion for TRO; Denying 10 Motion for Preliminary Injunction. Denying 16 Supplement/Amendment to Motion for TRO and Preliminary Injunction. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: February 2, 2010 Time: one hour and 38 minutes

CASE NO. 09-cv-03038-PAB-KLM Parties LEWIS JACKSON MITCHAM, and MARSHAL J. MITCHAM, Petitioners, vs. NATIONSTAR MORTGAGE, LLC, ANTHONY H. BARONE, President and CEO, and MARGARET T. CHAPMAN, Public Trustee, Jefferson County, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Petitioners' title or any cloud upon Petitioners' title thereto, Respondents. Craig D. Joyce Heather Deere Counsel Pro Se

HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER

Page Two 09-cv-03038-PAB-KLM February 2, 2010 2:03 p.m. COURT IN SESSION

APPEARANCES OF COUNSEL for the respondent Nationstar Mortgage, LLC. Petitioners' Verified Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction (Doc #10), filed 1/22/10. Petitioners' Supplement/Amendment to Petitioners' Verified Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction (Doc #16), filed 1/29/10. Court sets forth the four factors that would entitle the petitioners to a temporary restraining order and requests the parties address those four factors. 2:08 p.m. 2:14 p.m. 2:35 p.m. Argument by Mr. Mitcham. Questions by the Court. Argument by Mr. Joyce. Questions by the Court. Further argument by Mr. Mitcham. Further questions by the Court.

Mr. Mitcham tenders petitioners' response to respondent Nationstar Mortgage, LLC's motion to dismiss. 3:00 p.m. Further argument by Mr. Joyce. Further questions by the Court.

Discussion regarding addressing both the request for temporary restraining order and preliminary injunction at this hearing. ORDERED: Without objection from either side, the Court will consider both the request for a temporary restraining order and for a preliminary injunction, which are decided under the same standard. Court states its findings and conclusions. ORDERED: Petitioners' Verified Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction (Doc #10), filed 1/22/10 is DENIED. ORDERED: Petitioners' Supplement/Amendment to Petitioners' Verified Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction (Doc #16), filed 1/29/10 is DENIED.

Page Three 09-cv-03038-PAB-KLM February 2, 2010 3:41 p.m. COURT IN RECESS 98 minutes

Total in court time: Hearing concluded