Gosha et al v. Bank of New York Mellon Corporation et al

Filing 18

Temporary Restraining Order: The Court GRANTS Plaintiffs Motion 3 for a Temporary Restraining Order and hereby RESTRAINS Defendants from proceeding with the January 26, 2016, foreclosure sale of Plaintiffs property. The Court DIRECTS Pl aintiffs to post a $1,100 bond with the Clerk of Court no later than 4:30 p.m. on February 5, 2016, and on the fifth of every month thereafter aslong as this Temporary Restraining Order is in place. Signed on 01/25/2016 by Judge Anna J. Brown. See attached 4 page Temporary Restraining Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GARY C. GOSHA and KIT M.
GOSHA,
Plaintiffs,
v.
THE BANK OF NEW YORK MELLON
CORPORATION fka THE BANK OF
NEW YORK, AS TRUSTEE (CWALT
2005-72), a New York
Corporation; BANK OF AMERICA
N.A., a Delaware Corporation;
BAYVIEW LOAN SERVICING LLC, a
Florida Corporation; CLEAR
RECON CORP, a California
Corporation,
Defendants.

GARY C. GOSHA
KIT M. GOSHA
175900 S.W. Cheyenne Way
Tualatin, OR 97062
503-522-6571
Plaintiffs, Pro Se

1 - TEMPORARY RESTRAINING ORDER

3:16-CV-00073-BR

TEMPORARY RESTRAINING
ORDER

TRACY J. FRAZIER
Aldridge Pite, LLP
621 S.W. Morrison Street
Suite 425
Portland, OR 97204
[phone]
Attorneys for Defendant Clear Recon Corp.

BROWN, Judge.
This matter came before the Court on January 22, 2016, on
Plaintiffs’ Motion (#3) for Temporary Restraining Order pursuant
to Federal Rule of Civil Procedure 65 seeking to restrain
Defendant Clear Recon Corporation from conducting a foreclosure
and sale of Plaintiffs’ home scheduled for January 26, 2016.
Defendant Clear Recon Corporation received notice of and appeared
at the January 22, 2016, hearing.
For the reasons stated on the record at the hearing the
Court concludes it is a very close question as to whether
Plaintiffs are likely to succeed on the merits of this action.
The Court, however, finds there is a temporary risk of
irrevocable harm to Plaintiffs, who are senior citizens and on a
fixed income, if they are required to move from their residence
on January 26, 2016.

Accordingly, the Court GRANTS Plaintiffs’

Motion and temporarily RESTRAINS Clear Recon Corporation from
proceeding with the January 26, 2016, foreclosure sale of
Plaintiffs’ property at 17590 S.W. Cheyenne Way, Tualatin,
Oregon.
2 - TEMPORARY RESTRAINING ORDER

Pursuant to Rule 65(c), the Court requires Plaintiffs to
post a $1,100 bond with the Clerk of Court no later than
4:30 p.m. on February 5, 2016, and on the fifth of every month
thereafter as long as this Temporary Restraining Order is in
place as a reasonable security for any costs or damages sustained
by any party found to have been wrongfully restrained.

Failure

to post the bond on or before the fifth of each month as long as
this Temporary Restraining Order is in place shall result in the
immediate dissolution of this Temporary Restraining Order.
The Court DIRECTS Plaintiffs to file no later than
February 19, 2016, a Status Report with respect to service of all
Defendants in this matter including (1) reference to the docket
establishing all Defendants have been served and proofs of
service have been filed for each Defendant and (2) whether
Plaintiffs have had contact with any Defendant or counsel for any
Defendant relating to this matter.

CONCLUSION
For these reasons, the Court GRANTS Plaintiffs’ Motion (#3)
for a Temporary Restraining Order and hereby RESTRAINS Defendants
from proceeding with the January 26, 2016, foreclosure sale of
Plaintiffs’ property.

The Court DIRECTS Plaintiffs to post a

$1,100 bond with the Clerk of Court no later than 4:30 p.m. on
February 5, 2016, and on the fifth of every month thereafter as
3 - TEMPORARY RESTRAINING ORDER

long as this Temporary Restraining Order is in place.
IT IS SO ORDERED.
DATED this 25th day of January, 2016.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

4 - TEMPORARY RESTRAINING ORDER