Triple Braided Cord Trust v. Nationstar Mortgage LLC et al

Filing 5

ORDER - IT IS ORDERED that plaintiff Julie Embry d/b/a Triple Braided Cord Trust's second emergency motion for a preliminary injunction (ECF No. #4 ) is DENIED. Plaintiff must still SHOW CAUSE by May 20, 2024, why this case should not be dismissed for failure to obtain proper legal representation. Signed by Judge Jennifer A. Dorsey on 5/9/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:24-cv-00841-JAD-BNW
Julie Embry d/b/a Triple Braided Cord Trust,

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Plaintiff
5 v.

Order Denying Second Emergency Motion
for Preliminary Injunction and Amending
Order to Show Cause

6 Nationstar Mortgage, LLC, et al.,
[ECF No. 4]
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Defendants

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Plaintiff Triple Braided Cord Trust, represented by its non-lawyer trustee Julie Embry,

9 initiated this case by filing an emergency motion for a preliminary injunction prohibiting
10 defendants Nationstar Mortgage LLC, Mr. Cooper, and MTC Financial from auctioning the
11 Trust’s real property on May 10, 2024.1 I denied that motion because Embry didn’t file a
12 complaint along with the motion and because a pro se litigant cannot represent a trust in a civil
13 action unless she shows that she is the sole beneficial owner of the trust’s assets.2 I also ordered
14 Embry to show cause why this case should not be dismissed because of those deficiencies.3
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Yesterday, Embry filed a complaint and another emergency motion for a preliminary

16 injunction to halt the foreclosure proceedings.4 She also changed the plaintiff’s name to “Julie
17 Embry d/b/a Triple Braided Cord Trust.”5 While filing a complaint has cleared one legal hurdle
18 for Embry, she has not corrected the other one: she is still a pro se litigant attempting to represent
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ECF No. 1.

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ECF No. 2.

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Id.

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ECF Nos. 3, 4.

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See ECF No. 3 at 1.

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1 a trust, and she does not show that she is the sole beneficiary of that trust.6 Embry has also again
2 failed to follow this district’s local rules for filing an emergency motion.7 And it appears that she
3 hasn’t served these documents on the defendants in this case or shown cause why I should
4 consider this motion on an ex parte basis, violating local and federal rules.8
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Accordingly,

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IT IS ORDERED that plaintiff Julie Embry d/b/a Triple Braided Cord Trust’s second

7 emergency motion for a preliminary injunction [ECF No. 4] is DENIED.
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Because Plaintiff has filed a complaint in this action, the court discharges the portion of

9 the order to show cause asking why this case should not be dismissed for failure to file a
10 complaint. Plaintiff must still SHOW CAUSE by May 20, 2024, why this case should not be
11 dismissed for failure to obtain proper legal representation.
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_______________________________
U.S. District Judge Jennifer A. Dorsey
May 9, 2024

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ECF No. 2 at 2.

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See L.R. 7-4.

See L.R. IA 7-2 (“An ex parte motion or application must articulate the rule that permits ex
parte filing and explain why it is filed on an ex parte basis.”); Fed. R. Civ. P. 65(b)(1) (“The
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court may issue a temporary restraining order without written or oral notice to the adverse party
. . . only if specific facts in an affidavit or a verified complaint” justify that relief and “the
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movant’s attorney certifies in writing any efforts made to give notice and the reasons why it
should not be required.”).
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