Jacobsen v. Clear Recon Corp et al

Filing 5

ORDER directing Plaintiff to supplement 4 Motion for TRO to state when he learned of the October 8, 2015, scheduled foreclosure sale and the reason for his delay, if any, in filing his Motion. Supplement must be filed by 10/6/2015. Plaintiff is further directed to serve copy of 4 Motion on counsel of record for HSBC Bank USA, N.A. in the First Case (3:12-cv-486) via email and a notice of compliance by October 6, 2015. Response to 4 Motion due 10/7/2015. Please see attached for specific details. Signed by Judge Miranda M. Du on 10/5/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 12 13 MATT P. JACOBSEN, Case No. 3:15-cv-00504-MMD-VPC Plaintiff, ORDER v. CLEARN RECON CORP, HSBC BANK USA N.A., PNH MORTGAGE CORPORATION, Defendants. 14 15 16 Before the Court is Plaintiff's ex parte motion for temporary restraining order 17 ("TRO Motion"). (Dkt. no. 4.) Plaintiff contends that this action is not the same as his 18 previous action, case no. 3:12-cv-486-MMD-WGC ("First Case"). However, the 19 allegations in the current complaint appear similar to the complaint filed in the First 20 Case and this case involves one of the same defendants, HSBC Bank USA, N.A, in the 21 First Case. Plaintiff certifies that he conferred with counsel for one of the defendants, 22 Clear Recon Corp., before filing his Motion. (Dkt. no. 4 at 1.) However, Plaintiff has not 23 demonstrated why he filed his Motion three (3) days before the scheduled foreclosure 24 sale. Plaintiff is directed to supplement his Motion to state when he learned of the 25 October 8, 2015, scheduled foreclosure sale and the reason for his delay, if any, in filing 26 his Motion. Plaintiff's supplement must be filed by October 6, 2015. Plaintiff is further 27 directed to serve a copy of his Motion on counsel of record for HSBC Bank USA, N.A. in 28 the First Case via email and a notice that he has complied with the Court's order 1 directing service by October 6, 2015.1 Defendants will have until October 7, 2015, to 2 respond to Plaintiff' Motion. 3 4 DATED THIS 5th day of October 2015. 5 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The records in the First Case reflect that counsel of record for HSBC Bank USA, N.A. and their email addresses are: Erica J Stutman, estutman@swlaw.com; Kelly H Dove, kdove@swlaw.com; and Laura E. Browning, lbrowning@swlaw.com. 2

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