Carter et al v. Sables, LLC, a Nevada Limited Liability Company et al

Filing 6

ORDER re ECF No. 3 Ex Parte Motion, denying request to consider the motion on an emergency basis and ex parte; directing Plaintiffs to serve Defendants. The normal briefing schedule will apply upon proper service of process. Signed by Judge Miranda M. Du on 9/27/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MAX T. CARTER, JR. and SUNDAE L.
CARTER, Husband and Wife, as Joint
Tenants,

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Case No. 3:17-cv-00594-MMD-WGC
ORDER

Plaintiff,
v.

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SABLES, LLC, a Nevada Limited Liability
Company, et al.,
Defendants.

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On September 26, 2017, Plaintiffs initiated an action challenging attempted

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foreclosure on their property based in part on purported improper securitization and

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assignment of the note and deed of trust that encumbered the property at issue. (ECF

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No. 1.) On the same date, Plaintiffs filed an ex parte emergency motion for temporary

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restraining order ("the Motion") to prevent a foreclosure sale scheduled for September

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28, 2017. (ECF No. 3.) The Motion fails to comply with LR 7-4. For example, Plaintiffs fail

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to certify that any attempt to meet and confer has been made or why the nature of the

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emergency precluded such a conference. See LR 7-4(a)(3). Moreover, Plaintiffs fail to

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explain when they received the Notice of Trustee's Sale for the Court to assess why they

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waited until two days before the sale to file this action and to seek an emergency

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temporary restraining order on an ex parte basis. The Court has also taken a quick look

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at the Motion and the complaint and question whether Plaintiffs will likely succeed on the

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merits to warrant the drastic remedy of a temporary restraining order. For these reasons,

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Plaintiff's request for the Court to consider the Motion on an emergency basis and ex

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parte is denied. Plaintiffs are directed to serve Defendants. The normal briefing schedule

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will apply upon proper service of process.

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DATED THIS 27th day of September 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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