Schiffer v. Quality Loan Servicing Corporation of Washington et al
Filing
6
ORDER - Granting Plaintiff's Motion for a Temporary Restraining Order 4 . Setting a Preliminary Injunction Hearing for 7/27/2012 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Signed on 7/13/12 by Judge Michael H. Simon. (mja)
James J. Stout, OSB #93473
E-Mail: jjstout1@aol.com
James J. Stout, PC
419 S. Oakdale Ave.
Medford, OR 97501
Phone: (541) 618-8888
Fax: (541) 618-9015
Attorney for Plaintiff Schiffer
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MEDFORD DIVISION
DWAINE R. SCHIFFER,
Plaintiff,
)
)
)
)
)
Case No.: 12-CV-1257
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE WHY
A PRELIMINARY INJUNCTION
Quality Loan Service Corp. of
)
SHOULD NOT ENTER
Washington, Bank of New York Mellon, )
~
Trustee for the Holders of the
Certificates, First Horizon Mortgage
)
Pass-through Certificate Series (FHAMS)
2005-AA 7)
)
Defendants
)
vs.
To: Quality Loan Service Corp. of Washington, defendant.
Plaintiffs motion for a temporary restraining order and order to show
cause why a preliminary injunction should not enter, came before the court ex
parte on July 12, 2012. Based on the record, including the complaint and the
documents, the court finds as follows:
1. If the defendant is not immediately restrained from conducting the
Trustee sale on July 16, 2012, plaintiffs will suffer irreparable injury, loss or
damage in the form of loss of property through a defective foreclosure sale.
2. Plaintiffs counsel made a reasonable attempt to confer bye-mailing a
copy of the complaint on July 12, 2011, to the registered agent for Quality and
corporate counsel for Quality.
It is hereby ORDERED as follows:
1. Defendant, Quality Loan Service Corporation of Washington, its
officers, agents, servants, employees, lawyers and all other persons in active
concert or participation with any of them, who receive actual notice of this order,
by personal service or otherwise, are restrained from conducting the Trustee sale
on July 16, 2012, or thereafter, without a further order of this court, for the
property known as 1870 Concord Way, Medford, Jackson County, OR 97504, the
legal description of which is:
"Lot 5 (5) in Block Six (6) a Brookhurst Subdivision unit NO.5 to the city of
Medford, Jackson County, Oregon, according to the official plat thereo( now of
record".
2. The defendant shall appear before this Court on
2012 at
~~, in Courtroom
9: 00
13 B
::r:t1
2---=t
at United States
Federal Courthouse, 310 W. 6th St., Medford, Oregon, and show cause, if any,
why the activity described above should not continue to be restrained during the
pendency of this action.
3. The order contained in paragraph 1 shall expire at the date and time
set forth in paragraph 2, unless extended by a further order of this court.
4. This order shall be effective only upon
po ~
court pursuant to FRCP 65 in the amount of $ 500
Fr,'dD-'1 .>
Dated~""rsda-y, JUr
a bond, or cash to the
.
I~
2012
United States District Court Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?