Durham et al v. The Bank of New York Mellon et al

Filing 8

ORDER: Plaintiffs' Motion for a Temporary Restraining Order 2 is GRANTED. From the date and time of this Order, Defendants are hereby enjoined from proceeding with a non-judicial foreclosure sale of Plaintiffs' property for four teen (14) days. Plaintiffs shall not be required to provide a bond. Plaintiffs shall serve all Defendants with a copy of this Order forthwith and provide proof of service to the Court. Preliminary Injunction Hearing is set for 5/19/2015 at 02:30PM in Eugene Courtroom 1 before Chief Judge Ann L. Aiken to determine whether this injunction should continue until final resolution of Plaintiffs' claims. See formal ORDER. Signed on 5/7/2015 by Chief Judge Ann L. Aiken. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
NASH DURHAM; MARY DURHAM,
1:15-cv-00734-CL
Plaintiffs,

v.

ORDER

THE BANK OF NEW YORK MELLON,
as Trustee for the Certificate
Holders of the CWALT, Inc.,
Alternative Loan Trust 2007-23CB,
Mortgage Pass-Through
Certificates, Series 2007-23CB;
NORTHWEST TRUSTEE SERVICES, INC.,
Defendants.

AIKEN, District Judge:

This matter comes before the Court on Plaintiffs' Motion for
a Temporary Restraining Order (TRO)

(#2).

Plaintiffs seek to

enjoin Defendants from proceeding with the non-judicial
foreclosure sale of Plaintiffs' residence scheduled for May 11,
2015.
Having reviewed and considered Plaintiffs' motion for TRO and
supporting documents, I rule that a temporary restraining order is
necessary to prevent the irreparable injury alleged in the
1 - ORDER

Complaint and shown in the declarations and exhibits supporting
Plaintiffs' motion.

Accordingly, Plaintiffs' Motion for a

Temporary Restraining Order (#2) is GRANTED.

From the date and

time of this Order, Defendants are hereby enjoined from proceeding
with a non-judicial foreclosure sale of Plaintiffs' property for
fourteen (14) days.
bond.

Plaintiffs shall not be required to provide a

Plaintiffs shall serve all Defendants with a copy of this

Order forthwith and provide proof of service to the Court.
On May 19, 2015, at 2:30p.m., the parties are directed to
appear at a preliminary injunction hearing to determine whether
this injunction should continue until final resolution of
Plaintiffs' claims.

The parties may appear by telephone at the

preliminary injunction hearing.
IT IS SO ORDERED.
DATED this

~~y

of May, 2015.

ANN AIKEN,
U.S. DISTRICT JUDGE

2 - ORDER