O'Brien v. Chase Bank N.A., et al

Filing 22

ORDER denying 18 Plaintiff's Motion for TRO. Signed by District Judge Julian Abele Cook. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PATRICK Z. O’BRIEN
Plaintiff,
v.
CHASE BANK, N.A., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., GREAT
AMERICAN MORTGAGE COMPANY, and
LASALLE BANK NATIONAL ASSOCIATION

Case No. 12-10019
Honorable Julian Abele Cook, Jr.

Defendant.

ORDER
The Plaintiff, Patrick Z. O’Brien, contends that the Defendants, Chase Bank N.A. et al, are
seeking to foreclose upon his home without any legal justification or authority. This action was
initially filed in the Macomb County Circuit Court of Michigan. The Defendants subsequently
undertook procedural steps which caused the case to be removed to this Court on the basis of its
federal question jurisdiction. 28 U.S.C. §1331.
Currently before the Court is the Plaintiff’s motion for a temporary restraining order that,
if granted, would prevent the Defendants from undertaking any action, including a sheriff’s sale,
relating to the property at issue. In response, the Defendants have advised the Court that they have
already suspended the now-challenged foreclosure proceedings pending the outcome of this
litigation. Inasmuch as the foreclosure proceedings have already been suspended, the Plaintiff will
not suffer any irreparable harm if the injunction is not issued. Therefore the Court denies his request
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for equitable relief without prejudice. (ECF 18).

IT IS SO ORDERED.

S/Julian Abele Cook
JULIAN ABELE COOK
UNITED STATES DISTRICT JUDGE

Dated: August 23, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro
se parties on this date, August 23, 2012, by electronic and/or ordinary mail.

S/Lisa Wagner for Kay Doaks
Case Manager and Deputy Clerk
[phone]

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