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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 STEVE J. KIM and EUN SUN KIM, 8 9 10 11 Plaintiffs, C17-797 TSZ v. WILMINGTON SAVINGS FUND SOCIETY, FSB, MINUTE ORDER Defendant. 12 13 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 14 (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 15 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 16 King County Sheriff as a defendant in this matter or purported to serve him with a copy of their motion for a TRO. 17 (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) 19 (observing that the Rooker-Feldman doctrine prohibits federal district courts from 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. 23 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. 3 (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. 6 Dated this 31st day of May, 2017. 7 William M. McCool Clerk 8 s/Karen Dews Deputy Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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