Gale, et al v. CitiMortgage, Inc., et al

Filing 52

ORDER Denying 46 Motion for Leave to File Interlocutory Appeal and Denying 47 Motion for TRO. Signed by Judge Gloria M. Navarro on 1/16/2013. (Copies have been distributed pursuant to the NEF - EDS)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 11 12 ANDREA B. GALE, an individual, and as Trustee of Andrea Beryl Gale Revocable Living Trust, ) ) ) ) Plaintiff, ) vs. ) ) CITIMORTGAGE, INC.; NATIONSTAR ) MORTGAGE, LLC; CAL-WESTERN ) RECONVEYANCE CORPORATION; ) QUALITY LOAN SERVICE, as trustee, and ) DOES 1 through 10, and ROE ) CORPORATIONS 1 through 10, inclusive, ) ) Defendants. ) ) Case No.: 2:12-cv-02065-GMN-VCF ORDER 13 Before the Court is Plaintiff’s Emergency Motion for Leave to File Interlocutory Appeal 14 15 (ECF No. 46), contemporaneously filed with Plaintiff’s Motion for Temporary Restraining 16 Order Pending Appeal (ECF No. 47). Defendants Nationstar Mortgage, LLC (“Nationstar”), 17 and Quality Loan Service Corporation (“Quality Loan”) have filed an opposition (ECF Nos. 48, 18 49), and Defendant Cal-Western Reconveyance Corporation (“Cal-Western”) has joined in 19 opposition (ECF Nos. 50, 51). 20 I. 21 DISCUSSION On January 11, 2013, the Court denied Plaintiff’s Motion for Preliminary Injunction. 22 (ECF No. 45.) With the Emergency Motion for Leave to File Interlocutory Appeal (ECF No. 23 46), Plaintiff requests that the Court certify an order for interlocutory appeal pursuant to 28 24 U.S.C. § 1292(b). However, as Defendants point out, an interlocutory order from this Court 25 refusing or dissolving an injunction is immediately appealable pursuant to 28 U.S.C. § 1292(a)(1). Page 1 of 2 1 Section 1292(b) applies to “an order not otherwise appealable under this section.” 28 U.S.C. § 2 1292(b). Because the Court’s order denying Plaintiff’s request for preliminary injunction (ECF 3 No. 45) is immediately appealable pursuant to 28 U.S.C. § 1292(a)(1), an order certifying 4 appeal is procedurally improper under 28 U.S.C. § 1292(b). Accordingly, Plaintiff’s 5 Emergency Motion for Leave to File Interlocutory Appeal (ECF No. 46) will be denied. 6 In her Motion for Temporary Restraining Order Pending Appeal (ECF No. 47), Plaintiff 7 requests that the Court issue a temporary restraining order pending resolution of her anticipated 8 appeal. As discussed by the Court in its Order denying a preliminary injunction (ECF No. 45), 9 the Court finds no likelihood of success on the merits, nor serious questions going to the merits 10 of Plaintiff’s complaint that would entitle her to recover title to the property. Plaintiff’s 11 anticipated appeal presents no new basis for this Court to reconsider its ruling. Accordingly, 12 the Motion for Temporary Restraining Order Pending Appeal (ECF No. 47) will be denied. 13 II. 14 15 16 17 18 CONCLUSION IT IS HEREBY ORDERED that the Emergency Motion for Leave to File Interlocutory Appeal (ECF No. 46) is DENIED. IT IS FURTHER ORDERED that the Motion for Temporary Restraining Order (ECF No. 47) is DENIED. DATED this 16th day of January, 2012. 2013. 19 20 21 22 ___________________________________ Gloria M. Navarro United States District Judge 23 24 25 Page 2 of 2

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