Kim et al v. Wilmington Savings Fund Society, FSB

Filing 4

MINUTE ORDER TO SHOW CAUSE by 6/9/2017 why this action should not be dismissed for lack of subject matter jurisdiction and failure to state a cognizable claim ; striking without prejudice Plaintiff's 3 MOTION for Temporary Restraining Order. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Deputy Sheriff Hugo Esparza, Wilmington Savings Fund Society via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STEVE J. KIM and EUN SUN KIM,

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Plaintiffs,
C17-797 TSZ

v.
WILMINGTON SAVINGS FUND
SOCIETY, FSB,

MINUTE ORDER

Defendant.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
Plaintiffs’ motion for a temporary restraining order (“TRO”), docket no. 3,
is STRICKEN without prejudice. Plaintiffs’ motion for a TRO seeks to enjoin the King
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County Sheriff from conducting a sale of real property to satisfy a judgment in King
County Superior Court Cause No. 14-2-29709-2 KNT, but plaintiffs have not named the
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King County Sheriff as a defendant in this matter or purported to serve him with a copy
of their motion for a TRO.
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(2)
Plaintiffs are DIRECTED to show cause by June 9, 2017, why this action
18 should not be dismissed for lack of subject matter jurisdiction and failure to state a
cognizable claim. See Reusser v. Wachovia Bank, N.A., 525 F.3d 855 (9th Cir. 2008)
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exercising appellate review over state court judgments, and that a federal action
20 constitutes a de facto appeal when the claims raised are “inextricably intertwined” with
the state court’s decision (citing D.C. Ct. of App. v. Feldman, 460 U.S. 462 (1983), and
21 Rooker v. Fid. Trust Co., 263 U.S. 413 (1923)); Sandpiper Vill. Condo. Ass’n, Inc. v.
La.-Pac. Corp., 428 F.3d 831 (9th Cir. 2005) (holding that a district court’s order
22 enjoining entry of a state court judgment violated the Anti-Injunction Act, 28 U.S.C.
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MINUTE ORDER - 1

1 § 2283). In connection with any response, plaintiffs shall file copies of the order granting
summary judgment, the judgment, and the order for sale entered in King County Superior
2 Court Cause No. 14-2-29709-2 KNT. If no response is timely filed, this matter will be
dismissed without prejudice.
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(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
4 record, to defendant Wilmington Savings Fund Society, FSB, Attn: Controllers Office,
500 Delaware Avenue, Wilmington, DE 19801, and to Deputy Sheriff Hugo Esparza,
5 King County Courthouse, 516 Third Avenue, Room W-150, Seattle, WA 98104.
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Dated this 31st day of May, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2