Baker et al v. Ocwen Loan Servicing et al

Northern District of California, cand-4:2015-cv-02676

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. Motion due by 6/18/2015. Responses due by 12:00 p.m. on 6/22/2015. Replies due by 12:00 p.m. on 6/24/2015. Motion Hearing set for 6/26/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 6/17/15.

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Case Case4:15-cv-02676-JSW 4:15-cv-02676-JSW Document Document4-6 13 Filed Filed06/15/15 06/17/15 Page1 Page 1ofof22 Matthew D. Mellen (Bar No. 233350) 1 Sarah Adelaars (Bar No. 281748) Eunji Cho (Bar No. 286710) 2 MELLEN LAW FIRM 411 Borel Avenue, Suite 230 3 San Mateo, California 94402 Telephone: (650) 638-0120 4 Facsimile: (650) 638-0125 5 Attorney for Plaintiffs, JEFFREY BAKER 6 JOANN BAKER 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JEFFREY BAKER, individually and as Trustee Case No.: 3:15-cv-02676-JSC JSW of the Jeffrey D. and Joann K. Baker Family 11 Living Trust, and JOANN BAKER, individually [Assigned to Hon. Jacqueline Scott Corley] and as Trustee of the Jeffrey D. and Joann K. 12 Baker Family Living Trust, [PROPOSED] ORDER TO SHOW CAUSE FOR PRELIMINARY 13 Plaintiffs, INJUNCTION 14 v. 15 OCWEN LOAN SERVICING, LLC, a business entity; and BANK OF AMERICA, N.A., a 16 business entity; and DOES 1 through 50, inclusive, 17 Defendants. 18 19 Based on the Application, Points and Authorities, and supporting Declarations in the 20 moving papers, and for good cause shown, the Court finds that Plaintiffs have established good 21 cause for issuance of a Temporary Restraining Order. 22 IT IS SO ORDERED that the above named Defendants show cause before a motion term 23 3 5 1301 Clay Street, Oakland, of this Court, at Room _______, United States District Courthouse, 450 Golden Gate Avenue, S 24 California 9 June 26 an Francisco, CA 94102-3489 on ____________________ ______, 2015 at ________a.m./p.m, 25 or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 26 65 of the Federal Rules of Civil Procedure enjoining the Defendants and its agents during the 27 pendency of this action from foreclosing upon the subject property located at 1162 Sea Breeze 28 1 [PROPOSED] ORDER TO SHOW CAUSE Case Case4:15-cv-02676-JSW 4:15-cv-02676-JSW Document Document4-6 13 Filed Filed06/15/15 06/17/15 Page2 Page 2ofof22 1 Court, Brentwood, CA 94513. 2 IT IS FURTHER ORDERED that, sufficient reason having been shown therefor, 3 pending the hearing of Plaintiffs' application for a preliminary injunction, pursuant to Rule 65, 4 Fed. R. Civ., P., that Defendants and its agents is temporarily restraining and enjoined from 5 foreclosing upon the subject property located at 1162 Sea Breeze Court, Brentwood, CA 94513 6 until further ruling from this Court. The Temporary Restraining Order issued because Plaintiffs 7 have shown a likelihood of prevailing on their claims for violations of California Civil Code § 8 2923.6 and 2923.7. Further, Plaintiffs have shown the likelihood of irreparable injury in the 9 absence of a Temporary Restraining Order, namely, the loss of their property through foreclosure. 10 With respect to the hearing regarding a preliminary injunction, the Court further 11 ORDERS as follows: 12 June 26, 2015 The preliminary injunction hearing will be heard on: _________________________. 13 June 18, 2015 14 Moving papers shall be filed by: ________________________. 15 noon on June 22, 2015 Responsive papers are due by: __________________________. 16 noon on June 24, 2015 Reply papers are due by: _____________________. 17 IT IS HEREBY SO ORDERED. 18 19 20 DATED: June 17, 2015 _________________________ JEFFREY S. WHITE 21 Hon. Jacqueline Scott Corley UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2 [PROPOSED] ORDER TO SHOW CAUSE