Dawson v. Bank of New York Mellon et al

Filing 16

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE: (Granting Motion for a Temporary Restraining Order 6 ). Defendants shall appear before this Court on July 27, 2016 at 9:00 a.m. and show cause, if any, why a preliminary should not be entered granting the same relief described in paragraphs 4, 5, and 6 during the pendency of this action. See 3-page temporary restraining order attached. Signed on 7/18/2016 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KRISTYN DAWSON, an individual,

Case No. 3:16-cv-01427-HZ

Plaintiff,
v.
BANK OF NEW YORK MELLON, a Delaware
corporation; BANK OF AMERICA, N.A. and its
subsidiaries including aka Bank of America Loan
Servicing, LP, Countrywide Financial
Corporation, and Countrywide Home Loans, Inc.;
and DITECH FINANCIAL, LLC as successor by
merger to Green Tree Servicing LLC,

TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE WHY
PRELIMINARY INJUNCTION SHOULD
NOT ISSUE

Defendants.
Based on the record, including the Complaint, Motion for Temporary Restraining Order
[6], Declaration of Plaintiff, and supporting memorandum, the Court finds that:
1. Pursuant to FRCP 65, reasonable cause exists to issue a temporary restraining order;
2. If the Defendants are not immediately restrained from conducting a non-judicial
foreclosure sale scheduled for July 22, 2016, the Plaintiff will suffer irreparable injury, loss, or
damage in the form of the loss of her real property located at, and commonly known as, 36480
SW Boitano Road, Sandy, Oregon 97055;
3. The plaintiff made a good faith effort to inform all the parties of her intent to seek an
injunction;
1 – TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION

Therefore, Plaintiff’s motion for temporary restraining order [6] is granted, and it is ORDERED
that:
4. Defendants BANK OF NEW YORK MELLON, a Delaware corporation; BANK OF
AMERICA, N.A. and its subsidiaries including aka Bank of America Loan Servicing, LP,
Countrywide Financial Corporation, and Countrywide Home Loans, Inc.; and DITECH
FINANCIAL, LLC, and its officers, agents, servants, employees, and lawyers, and all other
persons in active concert or participation with any of the Defendants who receive actual notice of
this order, by personal service or otherwise, are directed as follows:
5. The non-judicial sale of the property located at, and commonly known as, 36480 SW
Boitano Road, Sandy, Oregon 97055 shall be halted during the period of time that this
Temporary Restraining Order is in place;
6. Defendants BANK OF NEW YORK MELLON, a Delaware corporation; BANK OF
AMERICA, N.A. and its subsidiaries including aka Bank of America Loan Servicing, LP,
Countrywide Financial Corporation, and Countrywide Home Loans, Inc.; and DITECH
FINANCIAL, LLC, and those acting on their behalf are prohibited from either directly or
indirectly taking any actions to advance or conduct the non-judicial sale of the property during
the period of time this Temporary Restraining Order is in place;
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2 – TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION

7. Defendants shall appear before this Court on July 27, 2016 at 9:00 a.m. and show cause,
if any, why a preliminary should not be entered granting the same relief described in paragraphs
4, 5, and 6 during the pendency of this action;
8. Plaintiff is not required to give security in connection with this order.

IT IS SO ORDERED

Dated this

day of _______________________, 2016.

MARCO A. HERNÁNDEZ
United States District Judge

3 – TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION