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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 MAX T. CARTER, JR. and SUNDAE L. CARTER, Husband and Wife, as Joint Tenants, 11 Case No. 3:17-cv-00594-MMD-WGC ORDER Plaintiff, v. 12 13 14 SABLES, LLC, a Nevada Limited Liability Company, et al., Defendants. 15 16 On September 26, 2017, Plaintiffs initiated an action challenging attempted 17 foreclosure on their property based in part on purported improper securitization and 18 assignment of the note and deed of trust that encumbered the property at issue. (ECF 19 No. 1.) On the same date, Plaintiffs filed an ex parte emergency motion for temporary 20 restraining order ("the Motion") to prevent a foreclosure sale scheduled for September 21 28, 2017. (ECF No. 3.) The Motion fails to comply with LR 7-4. For example, Plaintiffs fail 22 to certify that any attempt to meet and confer has been made or why the nature of the 23 emergency precluded such a conference. See LR 7-4(a)(3). Moreover, Plaintiffs fail to 24 explain when they received the Notice of Trustee's Sale for the Court to assess why they 25 waited until two days before the sale to file this action and to seek an emergency 26 temporary restraining order on an ex parte basis. The Court has also taken a quick look 27 at the Motion and the complaint and question whether Plaintiffs will likely succeed on the 28 merits to warrant the drastic remedy of a temporary restraining order. For these reasons, 1 Plaintiff's request for the Court to consider the Motion on an emergency basis and ex 2 parte is denied. Plaintiffs are directed to serve Defendants. The normal briefing schedule 3 will apply upon proper service of process. 4 DATED THIS 27th day of September 2017. 5 6 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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