HSBC Mortgage Services Inc. v. Martinez et al

Filing 172

ORDER by District Judge Kenneth J. Gonzales denying as moot 163 Verified Emergency Petition for TRO and/or Preliminary Injunction Pending Defendants' Motion for Relief from Judgment. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VOLT ASSET HOLDINGS TRUST XVI,
Plaintiff,
vs.

Civ. No. 13-508 KG/KK

MARIE A. MARTINEZ A/K/A MARIE
MARTINEZ, and FELIX J. MARTINEZ
A/K/A FELIX JOE MARTINEZ,
Defendants.
ORDER
This matter comes before the Court upon Defendants’ “Verified Emergency Petition for
Temporary Restraining Order and/or Preliminary Injunction Pending Defendants [sic] Motion for
Relief from Judgment” (Motion for TRO), filed February 20, 2018, at 1:36 a.m. (Doc. 163).
Plaintiff filed a response on March 2, 2018. (Doc. 165). Having reviewed the Motion for TRO
and the response, the Court denies the Motion for TRO as moot.
On February 5, 2018, the Special Master filed a Notice of Sale. (Doc. 162). The Notice
of Sale, which was emailed to Defendants, stated that the sale of the property at issue in this
foreclosure action would occur at 2:30 p.m. on February 20, 2018, in Santa Fe, New Mexico, at
the entrance of the federal courthouse. Id. at 1. Despite having a 15-day notice of the upcoming
sale of the property, Defendants filed their Motion for TRO at 1:36 a.m. on the morning of the
sale. The sale occurred before the Court could address the Motion for TRO. Because the sale
has already occurred, this Motion for TRO is now moot.

IT IS, THEREFORE, ORDERED that the “Verified Emergency Petition for Temporary
Restraining Order and/or Preliminary Injunction Pending Defendants [sic] Motion for Relief
from Judgment” (Doc. 163) is denied as moot.

_______________________________
UNITED STATES DISTRICT JUDGE

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