Del Mazo v. Countrywide Home Loans, Inc. et al

Filing 23

ORDER: The R & R 10 is hereby ACCEPTED and APPROVED, and "Plaintiff'sEmergency Motion for Temporary Restraining Order and Application for Temporary Injunction" 9 is hereby DENIED. Signed by Chief Judge Kevin H. Sharp on 6/29/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LUIS A. DEL MAZO, JR., Trustee,
RICHMOND COMMUNITY TRUST,

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Plaintiff,
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v.
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COUNTRYWIDE HOME LOANS, INC., )
THE BANK OF NEW YORK MELLON, )
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Defendants.
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NO. 3:16-0032
Judge Sharp

ORDER
The Magistrate Judge has entered a Report and Recommendation (“R & R”) (Docket No. 10)
in which he recommends that “Plaintiff’s Emergency Motion for Temporary Restraining Order and
Application for Temporary Injunction” (Docket No. 9) be denied. In doing so, the Magistrate Judge
observed:
Local Rule 7.01(a) provides in relevant part, “Every motion that may require the
resolution of an issue of law, in either civil or criminal cases, when filed shall be
accompanied by a memorandum of law citing supporting authorities and, where
allegations of fact are relied upon, affidavits or depositions in support thereof.”
Plaintiff has not filed a supporting Memorandum of Law, nor has he filed any
affidavits or depositions to support his allegations of fact. Plaintiff has not discussed
the requirements for an injunction or how he meets those requirements.
(Docket No. 10 at 1-2).
Plaintiff, as Trustee for the Richmond Community Trust, has filed no Objections to the R &
R. Instead, he filed a “Notice of Filing Affidavit and Document in Support of Temporary
Restraining Order” (Docket No. 13). That filing, however, does not come close to addressing the

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deficiencies noted by the Magistrate Judge. Rather, it consists of an Affidavit from a private
investigator regarding his search of business records to determine “the interest in the James and
Betty Reed Mortgage Loan Instrument,” and a report titled “Chain of Title Analysis & Mortgage
Fraud Investigation” (Docket No.s 13-2 and 13-3). Neither of those documents show imminent and
irreparable harm absent extraordinary injunctive, nor has Plaintiff filed a Memorandum of Law in
accordance with this Court’ s Local Rules supporting his position or made an attempt to discuss the
requirements for injunctive relief.
The R & R (Docket No. 10) is hereby ACCEPTED and APPROVED, and “Plaintiff’s
Emergency Motion for Temporary Restraining Order and Application for Temporary Injunction”
(Docket No. 9) is hereby DENIED.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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