Davidson v. Bank of America N.A. et al

Filing 47

AMENDED ORDER re: 46 Order. Defendant Green Tree Servicing LLC shall respond to Plaintiff's Motion no later than March 30, 2015. Defendant Bank of America NA may also file a response to Plaintiff Motion no later than March 30, 2015, if it deems a response to be necessary. Plaintiff may file a reply no later than April 16, 2015. By Magistrate Judge Kathleen M. Tafoya on 03/10/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–01578–CMA–KMT
KENNETH R. DAVIDSON,
Plaintiff,
v.
BANK OF AMERICA N.A., and
GREEN TREE SERVICING LLC,
Defendants.

AMENDED ORDER

This matter is before the court on “Plaintiff’s Ex Parte Motion for a Temporary
Restraining Order and Preliminary Injunction with Asset Freeze and Permanent Injunction
against Green Tree Servicing LLC to Enjoin their Efforts to Profit from Foreclosure Sale and
Dispose of Evidence with the Sale of 10067 Broome Way, Highlands Ranch CO,” which was
filed under Level 2 restriction. (Doc. No. 42, filed January 26, 2015.) Through this Motion,
Plaintiff seeks to enjoin Defendant Green Tree Servicing LLC (“Green Tree”) from foreclosing
on his residence.
To the extent Plaintiff seeks a temporary restraining order on an ex parte basis, it is
denied. Federal Rule of Civil Procedure 65(b) provides as follows:
The court may issue a temporary restraining order without written or oral notice to the
adverse party or its attorney only if:

(A) Specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant before
the adverse party can be heard in opposition; and
(B) the movant’s attorney certifies in writing any efforts made to give notice and
the reasons why it should not be required.
Plaintiff has not submitted an affidavit or verified complaint showing that irreparable
harm would result if a temporary restraining order is not issued on an ex parte basis. Moreover,
Plaintiff has not provided any basis as to why Defendants should not be given notice of the
Motion and an opportunity to respond. In fact, Plaintiff’s Motion clearly states that he discussed
the basis of his Motion with Defendants and sent them a copy of it at the time it was filed.
Therefore, it is
ORDERED that “Plaintiff’s Ex Parte Motion for a Temporary Restraining Order and
Preliminary Injunction with Asset Freeze and Permanent Injunction against Green Tree
Servicing LLC to Enjoin their Efforts to Profit from Foreclosure Sale and Dispose of Evidence
with the Sale of 10067 Broome Way, Highlands Ranch CO” (Doc. No. 42) is DENIED in part to
the extent it seeks an ex parte temporary restraining order, and TAKEN UNDER
ADVISEMENT in part to the extent it seeks a preliminary injunction preventing foreclosure on
his home. It is further
ORDERED that the Clerk of Court is directed to unrestrict Plaintiff’s Motion. (Doc.
No. 42.) Defendant Green Tree Servicing LLC shall respond to Plaintiff’s Motion no later than
March 30, 2015. Defendant Bank of America NA may also file a response to Plaintiff Motion

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no later than March 30, 2015, if it deems a response to be necessary. Plaintiff may file a reply
no later than April 16, 2015.
Dated this 10th day of March, 2015.

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