Rowan et al v. First Franklin Financial et al

Filing 3

ORDER denying 2 Motion for TRO; denying 2 Motion for Hearing. Signed by Judge Ted Stewart on 4/24/2014. (rlr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JOLINDA K. HEYM ROWAN AND
WILLIAM CHARLES ROWAN,
Plaintiffs,
v.
FIRST FRANKLIN FINANCIAL CORP.,
BANK OF AMERICA, N.A., SELECT
PORTFOLIO SERVICING, INC.,
HORIZON TITLE INSURANCE
AGENCY, WELLS FARGO BANK, N.A.,
MATHESON & HOWELL P.C., AND
JOHN DOES 1-99,

MEMORANDUM DECISION AND
ORDER DENYING PLAINTIFFS’
MOTION FOR INJUNCTIVE RELIEF
AND FOR TEMPORARY RESTRAINING
ORDER

Case No. 2:14-CV-299 TS
District Judge Ted Stewart

Defendants.

This matter is before the Court on Plaintiffs’ Motion for Injunctive Relief and for
Temporary Restraining Order.
In order for Plaintiffs to be entitled to a temporary restraining order, Plaintiffs must show
the following: (1) a substantial likelihood of success on the merits; (2) irreparable harm to the
movant if the injunction is denied; (3) the threatened injury outweighs the harm that the
preliminary injunction may cause the opposing party; and (4) the injunction, if issued, will not
adversely affect the public interest.1
Having carefully reviewed the allegations contained in Plaintiffs’ Complaint, as well as
the arguments made in their Motion, the Court finds that Plaintiffs have failed to satisfy the high

1

Gen. Motors Corp. v. Urban Gorilla, LLC, 500 F.3d 1222, 1226 (10th Cir. 2007).

standard required to obtain a temporary restraining order or a preliminary injunction. Therefore,
Plaintiffs’ Motion will be denied.
It is therefore
ORDERED that Plaintiffs’ Motion for Injunctive Relief and for Temporary Restraining
Order (Docket No. 2) is DENIED.
DATED this 24th day of April, 2014.
BY THE COURT:

Ted Stewart
United States District Judge

2