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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:24-cv-00841-JAD-BNW Julie Embry d/b/a Triple Braided Cord Trust, 4 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] 7 Defendants 8 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 15 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 19 20 1 ECF No. 1. 2 22 ECF No. 2. 3 Id. 23 4 ECF Nos. 3, 4. 5 See ECF No. 3 at 1. 21 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 5 Accordingly, 6 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. 8 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. 12 _______________________________ U.S. District Judge Jennifer A. Dorsey May 9, 2024 13 14 15 16 17 18 19 20 21 6 ECF No. 2 at 2. 7 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 22 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 23 movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.”). 8 2

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