Thomas et al v. Ocwen Loan Servicing LLC et al

Filing 22

STIPULATED PRELIMINARY INJUNCTION ORDER. The Clerk is directed to strike the November 20, 2017, hearing date on Plaintiffs' motion for preliminary injunction and on the show cause return for the Temporary Restraining Order; Order Noting Motion for Preliminary Injunction entered September 8, 2017. Signed by Judge Ricardo S Martinez. (TH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 13 CECIL THOMAS; PAMELA THOMAS, Plaintiffs, v. No. 2:17-CV-01222-RSM STIPULATED PRELIMINARY INJUNCTION ORDER OCWEN LOAN SERVICING, LLC; DEUTSCHE BANK NATIONAL TRUST CO.; QUALITY LOAN SERVICE CORP., Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED PRELIMINARY INJUNCTION ORDER (No. 2:17-CV-01222-RM) – 1 71045-0163/137680521.1 Perkins Coie LLP 1120 N.W. Couch Street, 10th Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax: 503.727.2222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiffs and Defendants Ocwen Loan Servicing, LLC (“OLS”) and Deutsche Bank National Trust Co. (“Deutsche Bank”) hereby stipulate that the following order may be entered: DATED this 15th day of November, 2017. By: s/ Keith D. Karnes WSB No. 35000 Attorneys for Plaintiffs CECIL THOMAS and PAMELA THOMAS Karnes Law Offices, PC 1860 Hawthorne Ave. N.E. Salem, OR 97301 Telephone: 503.385.8888 Facsimile: 503.385.8899 By: s/ Thomas N. Abbott [Pro Hac Vice] Attorneys for Defendants OCWEN LOAN SERVICING, LLC and DEUTSCHE BANK NATIONAL TRUST CO. Perkins Coie LLP 1120 N.W. Couch Street, 10th Floor Portland, OR 97209-4128 Telephone: 503.727.2000 Facsimile: 503.727.2222 Email: TAbbott@perkinscoie.com 15 16 17 18 19 20 21 22 23 24 25 26 ORDER This matter comes before the Court on the stipulation of all parties. For purposes of determining whether a preliminary injunction should issue and only for such purposes, the parties have stipulated that: 1. Plaintiffs have shown a likelihood of success on the merits and the possibility of irreparable harm if a preliminary injunction prohibiting Defendants from proceeding with nonjudicial foreclosure of certain real property known as 15550 148th Ave NE, Woodinville, WA 98072 does not issue. 2. There is good cause for issuing this Order pursuant to Federal Rule of Civil Procedure 65. 3. The balance of hardships weighs in favor of Plaintiff. STIPULATED PRELIMINARY INJUNCTION ORDER (No. 2:17-CV-01222-RM) – 2 71045-0163/137680521.1 Perkins Coie LLP 1120 N.W. Couch Street, 10th Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax: 503.727.2222 1 For these reasons, the Court hereby ORDERS that: 2 1. 3 4 Defendants are hereby enjoined from proceeding with nonjudicial foreclosure of certain real property known as 15550 148th Ave NE, Woodinville, WA 98072. 2. Plaintiffs shall remit payment to the Court Registry the sum of $1,844.77 on or 5 before the 15th day of each month beginning on December 1, 2017; in the event the 15th day of 6 the month is a weekend or holiday, the Plaintiffs shall make payment the next business day 7 following the 15th. 8 9 10 3. This Order shall remain in effect until the trial on the merits or further order of the Court; and 4. In view of the foregoing, the Clerk is directed to strike the November 20, 2017, 11 hearing date on Plaintiffs' motion for preliminary injunction and on the show cause return for the 12 Temporary Restraining Order; Order Noting Motion for Preliminary Injunction entered 13 September 8, 2017. 14 Dated this 17th day of November, 2017. A 15 16 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 STIPULATED PRELIMINARY INJUNCTION ORDER (No. 2:17-CV-01222-RM) – 3 71045-0163/137680521.1 Perkins Coie LLP 1120 N.W. Couch Street, 10th Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax: 503.727.2222

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