Schickling et al v. Moynihan et al
Filing
6
ORDER: Granting Plaintiff's Motion for a Temporary Restraining Order 2 . Show Cause Hearing is set for 3/16/2012 at 09:30AM by Telephone before Chief Judge Ann L. Aiken. The Court will initiate the phone call. Signed on 3/5/2012 by U.S. District Judge Michael R. Hogan for Judge Ann Aiken. (lg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
D JACK SCHICKLING, and J
LAUREN SCHICKLING,
12-385-AA
TEMPORARY
RESTRAINING ORDER
Plaintiffs,
v.
BRIAN T. MOYNIHAN, et al.,
Defendants.
HOGAN, Judge:
Before the court is plaintiffs' ex parte Motion for Temporary
Restraining Order (doc. 2).
Plaintiffs contend that a non-judicial
foreclosure of their property located at 17620 Highway 26 Walton,
Oregon, is scheduled to occur on March 5, 2012. Pursuant to Fed. R.
Civ.
P.
65 (b)
and upon review of the Complaint and supporting
memorandum and affidavit:
THE COURT FINDS that plaintiffs have raised serious questions
with respect to the merits of their claims, in that defendants
allegedly have not complied with the legal requirements for valid
1
- TEMPORARY RESTRAINING ORDER
non-judicial
foreclosure
under
Oregon
law,
and
that
certain
assignments of interest and appointments have not been recorded or
are otherwise void pursuant to Oregon law; and
THE COURT FURTHER FINDS that plaintiffs likely will suffer
irreparable tarm if the non-judicial foreclosure of their property
is allowed to proceed and that the balance of hardships tips in
their
favor,
given
that
defendants
may
have
other
remedies
available to them, such as judicial foreclosure; and
THE COURT FURTHER FINDS that the underlying legal issues
cannot be resolved before the non-judicial foreclosure sale will
occur or before defendants can be heard, and that the issuance of
the temporary restraining order is in the public interest; and
THE COURT FURTHER FINDS that no security shall be required to
support issuance of this order pursuant to Fed. R. Civ. P. 65(c),
finding that plaintiffs are of limited means and no security is
proper in these circumstances.
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Ex Parte
Motion for Temporary Restraining Order
(doc.
2)
Pursuant to Fed. R. Civ. P. 65(d), defendants,
is GRANTED.
their officers,
agents, employees, attorneys, and other persons in active concert
or participation with defendants, are RESTRAINED and ENJOINED from
conducting
a
non-judicial
foreclosure
sale
of
their
property
located at 17620 Highway 26 Walton, Oregon. This order shall expire
at 5:00 p.m. on Monday, March 19, 2012, unless further extended by
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- TEMPOPARY RESTRAINING ORDER
the court pursuant to Fed. R. Civ. P. 65(b) (2).
IT IS FURTHER ORDERED that the parties shall appear before
Chief Judge Aiken by telephone on Friday, March 16, 2012 at 9:30
a.m., and defendants shall show cause, if any, why this restraining
order should not be continued during the pendency of this action as
a preliminary injunction. The court shall initiate the call.
IT IS SO ORDERED.
Dated this
3
.~~day
of March, 2012.
- TEMPOPARY RESTRAINING ORDER
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