Standberry v. Resmae Home Mortgage Corporation et al

Filing 14

ORDER granting 11 Motion for Summary Judgment. Signed by District Judge Marianne O Battani. (BThe)

Standberry v. Resmae Home Mortgage Corporation et al

Doc. 14

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
DARRELL ANTHONY STANDBERRY, Plaintiff, Case Number: 09-14680 v. HON. MARIANNE O. BATTANI RESMAE HOME MORTGAGE CORP., et al., Defendants. / ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT This matter is before the Court on Defendants Chase Home Finance LLC and US Bank NA, Trustee for JP Morgan Mortgage Acquisition Corp.'s Motion for Summary Judgment Pursuant to FED. R. CIV. P. 56 and/or Dismissal pursuant to FED. R. CIV. P. 12(b)(6) (Doc. No. 11). For the reasons stated on the record at a hearing held on October 21, 2010, the Court GRANTS the motion. At the conclusion of the hearing, Defendants' counsel asked the Court to dissolve a Temporary Restraining Order entered November 25, 2009, in state court before this action was removed. By its terms, the order purports to remain in force until a hearing on a preliminary injunction occurred. Because Defendants removed the case to federal court before the state court hearing on the preliminary injunction, that hearing never occurred. Regardless of whether state or federal law governs the timing of the expiration of a temporary restraining order issued by a state court in a case subsequently removed to federal court, the TRO has expired. See Mich. Ct. R. 3.310(B)(3) (expiring 14 days after

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issuance); FED. R. CIV. P. 65(b)(2) (expiring ten days after issuance). Accordingly, the request is moot. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE Dated: October 22, 2010

CERTIFICATE OF SERVICE Copies of this Order were served upon counsel of record on this date by ordinary mail and/or electronic filing. s/Bernadette M. Thebolt Case Manager

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