Toromanova v. Wells Fargo Bank, N.A. et al

Filing 10

ORDER Denying Motion for Preliminary Injunction. Signed by Judge Gloria M. Navarro on 3/9/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIMITRITZA TOROMANOVA,
Plaintiff,
vs.

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WELLS FARGO BANK, N.A.; WACHOVIA
MORTGAGE, FSB; NATIONAL DEFAULT
SERVICING CORP; and DOES 1-10, inclusive
Defendants.

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Case No.: 2:12-cv-328-GMN-CWH
ORDER

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Before the Court is Plaintiff Dimitritza Toromanova’s Motion for Preliminary Injunction

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which is attached to the Amended Petition for Removal at Exhibit 3. (See Motion for PI, Ex. B,

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ECF No. 4–3.) Pro se Plaintiff filed suit on February 10, 2012 in the Eighth Judicial District

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Court for Clark County, Nevada, Case No. A-12-656295-C. (See Complaint, Ex. A, ECF No.

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4–2.) Defendant Wachovia Mortgage, a division of Wells Fargo Bank, N.A., formerly known

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as Wachovia Mortgage, FSB (“Wells Fargo”) removed the case to this Court on February 29,

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2012 based on diversity of citizenship. (Petition for Removal, ECF No. 1.)

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A plaintiff requesting injunctive relief in the form of a temporary restraining order must

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demonstrate “that he is likely to succeed on the merits, that he is likely to suffer irreparable

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harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that

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an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20

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(2008). While Plaintiff does address these four factors, his motions do not contain any points

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and authorities in support thereof, let alone a compelling argument for the Court to grant a

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preliminary injunction. Failure to file points and authorities in support of the motion

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constitutes a consent to the denial of the motion under Local Rule 7-2(d). Accordingly the

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Court denies the motion.
IT IS HEREBY ORDERED that Plaintiff Dimitritza Toromanova’s Motion for
Preliminary Injunction is DENIED.
DATED this 9th day of March, 2012.

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________________________________
Gloria M. Navarro
United States District Judge

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