Professional Documents
Culture Documents
2
3
4
5
6
7
8
9
10
11
12
KARMEL ROE,
13
14
15
16
17
18
Temporary Restraining
v.
COUNTRYWIDE HOME LOANS,
INC., et al.,
Defendants.
Order
and
Order To Show Cause
re: Preliminary Injunction
19
20
21
22
23
24
25
An application for a temporary restraining order must satisfy the same legal
26
seeking a temporary restraining order must establish each of the following elements:
the plaintiff if injunctive relief is not granted, (3) A balance of hardships favoring
the plaintiff, and (4) An advancement of the public interest. Winter v. Natural Res.
Def. Council, 555 U.S. 7, 20, 129 S. Ct. 365, 374, 172 L. Ed. 2d 249, 261 (2008).
injunction test are balanced, so that a stronger showing of one element may offset
a weaker showing of another. Alliance for the Wild Rockies v. Cottrell, 632 F.3d
1127, 1134-35 (9th Cir. 2011). Further, serious questions going to the merits and
10
a balance of hardships that tip sharply toward Plaintiff can support injunctive
11
relief, provided that Plaintiff also shows that there is a likelihood of irreparable
12
injury and that the injunction is in the public interest. Alliance for the Wild Rockies,
13
14
15
16
17
the United States Bankruptcy Court for the Central District of California, having
18
19
opposition brief never discussed it. Instead, Defendants opposition brief, for the
20
most part, was merely a copy of Defendants pending motion to dismiss. Further,
21
22
23
24
25
26
Having considered the ex parte application, as well as the briefs and evidence
submitted by the parties, the Court makes the following findings of fact:
1.
Serious questions exist going to the merits of this case, namely whether
Plaintiffs debt to Defendants was discharged in bankruptcy case
2.
3.
Plaintiff has shown that without this restraining order she would suffer
irreparable injury; and
5
6
4.
7
8
Accordingly,
9
10
It is Ordered that the ex parte application be, and hereby is, Granted.
11
12
13
restraining order, the Court may dispense with the bond requirement where there
14
is little or no harm to the party enjoined and where the plaintiff is unable to afford
15
to post such a bond. Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir. 2003).
16
17
Defendants from being enjoined. Further, based on the evidence before the Court,
18
19
20
21
22
23
It Is further Ordered that, until November 28, 2014, or further order of this
24
Court, whichever is sooner, Bank of America, N.A. and The Bank of New York, and
25
their agents, representatives, employees, successors and assigns, and all those acting
26
in concert or participation with them, be, and hereby are, Temporarily Restrained
from foreclosing on the real property located at 3445 West Elizabeth Avenue, San
3
4
It is Further Ordered that Defendants shall appear before the Honorable Terry
J. Hatter, Jr., Senior United States District Judge for the Central District of
Street, Los Angeles, California, 90012, on Monday, November 24, 2014, at 2:00
p.m., or as soon thereafter as counsel may be heard, to show cause, if any, why an
order should not be entered, pursuant to Rule 65 of the Federal Rules of Civil
10
11
12
13
1.
14
15
16
2.
17
be filed and served no later than 5:00 p.m. on Friday, November 21,
18
2014; and
19
20
3.
21
22
23
24
25
26